Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 27 December 2014), July 1764 (17640728).

Old Bailey Proceedings, 28th July 1764.

THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY OF LONDON; And also the Gaol-Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 25th, Thursday the 26th, Friday the 27th, and Saturday the 28th, of JULY.

In the Fourth Year of His MAJESTY's Reign. Being the Sixth SESSION in the MAYORALTY of The Right Honourable William Bridgen , Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER VI. PART I. for the YEAR 1764.

LONDON:

Sold by W. NICOLL, in St. Paul's Church-yard.

[Price SIX-PENCE.]

THE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.

BEFORE the Right Honourable WILLIAM BRIDGEN , Esquire, Lord Mayor of the City of London; Sir Thomas Parker , Knt. * Lord Chief Baron of his Majesty's Court of Exchequer; Sir Edward Clive , Knt. +, one of the Judges of the Court of Common Pleas; the Honourable Mr. Baron Perrott ; ||; James Eyre , Esq; Recorder ++; and others of his Majesty's Justices of Oyer and Terminer, of the City of London, and Justices of Gaol-Delivery of Newgate, holden for the said City and County of Middlesex.

N. B. The *, +, ||, and ++, refer to the Judges before whom the Prisoner was tried.

L. London, M. Middlesex.

London Jury.

Thomas Moore ,

David Deane ,

Richard Benson ,

John Bumpus ,

William Gibs ,

Josiah Cannan ,

James Smith ,

Samuel Bellamy ,

John Hitchins ,

Thomas Bruin ,

Thomas Brown , *

* Thomas Harris served part of the time in the room of Thomas Brown .

William Ellis .

Middlesex Jury.

James Moss ,

William Smith ,

Francis Sutton ,

Thomas Wheeler ,

James Sherridon ,

John Robertson ,

Samuel Carr ,

John Makebridge ,

Samuel Pain ,

Richard Evans ,

Abraham Dakin ,

John Groom .

388. (L.) John Smith was indicted for stealing a linen handkerchief, value 6 d. the property of John Bridge , July 11 . ++

John Bridge. I live with a woollen-draper without Aldgate. Coming from thence, on the 11th of this instant, at 9 at night, about four doors on this side of Aldgate , I felt something at my pocket: I felt, and missed my handkerchief: I turned round immediately, and laid hold of the prisoner, and charged him with stealing it; he said he had it not. I held him by the collar, and in searching him, found my handkerchief rolled up under his waistcoat, upon his hip-bone.

Prisoner's Defence.

I found it on the ground, and was unwilling to let him have it, till I found it to be his. I came from Bristol, to receive some money due to me from on board a man of war, and have been in London but six weeks.

Guilty . T .

389. (M.) James Faulkner was indicted for stealing twenty-one pigeons, value 21 s. the property of Abraham Dupuis , June 8 . ++

Abraham Dupuis . On the 8th of last month, my man came up to my chamber, and told me my pigeon-house was broke, and all my pigeons gone. I got up, and went and found the door broke open, and missed thirty-six of them; they are called Toy pigeons: the pigeon-house is over a coach-house, in the parish of Fulham. By searching, my servants found them in the possession of one Reeves, on the Sunday morning, in Westminster: I know them to be my property: I turned them into the lost again. and they all went to their own places as before.

Samuel Cuff I was servant to Mr. Dupuis: the pigeons were stolen the 8th of June; we found them on Whitsunday, in the custody of James Reeves, in Westminster. I know them, and can safely swear they are the property of the prosecutor: they were concealed in a little room; he made some objection to our seeing them, till he saw the constable: we questioned him where he got them? he said, the prisoner brought them to him, and said he bought them of a gentleman's servant, in Whitechapel. There were 21 of them.

James Reeves . I live in the New-Way, Westminster. The prisoner brought the pigeons on the 8th of June, in the afternoon, and desired they might be along with mine; I consented, and in the evening, about eight o'clock, he brought two pair: after that, he went and fetched the rest the same evening.

Prisoner's Defence.

I bought the pigeons in Fleet street, on a Thursday morning.

Guilty . T .

390. (M.) Robert Underwood was indicted for stealing one leather trunk, value 1 d. one silk night-gown, value 1 s. one cotton gown, value 1 s. and one silk cardinal, value 1 s. the property of Thomas Vass , June 2 . +

Elizabeth Bushrod . I went with the gentlewoman that belongs to the trunk, to the waggon; I delivered the trunk out of my hand to the prisoner, at the White Horse, Piccadilly ; he carried it to the tail of the waggon, but I did not see him put it in: I took him to be the porter. The gentlewoman missed it when she came to Hounslow; she was going to Maidenhead; the things mentioned in the indictment were in it; we never found them since. I went to the Inn, on hearing they were missing, and found the prisoner, and had him secured.

Thomas Davis . I am porter at the White Horse, I did not see the trunk, nor evidence. I saw the prisoner there that morning; he had been there three weeks or a month before; he had been forbid coming, and never was employed there.

Acquitted .

391, 392, 393. (M.) Gabriel Sedro , James Morris , and Jane Ode , were indicted for stealing two silver tankards, value 10 l. the property of Thomas Patton , July 10 . +

Thomas Patton . The three prisoners and the evidence came into my cellar, the Thistle and Crown, in Great Suffolk-street , on the 10th of this inst. and called for six-pennyworth of rum and water; they had two six-pennyworths in a little bowl: my wife took out a silver spoon to stir the liquor, from a little cupboard, where stood two silver tankards: they had not been gone half a minute, before I missed my tankards. I ran towards Charing-cross, but they went another way. I took them all the next day; three of them in Farthing-fields, Wapping, and the other in Swallow-street.

Sarah Pilmore . Sedro brought this lump of silver to Mr. Rands, in Cary-lane, to be tried; I took it in: he is an assayer of gold and silver. (Producing a lump of about 36 ounces.)

Thomas Jenning . On the 10th of this instant, the three prisoners and I went into the prosecutor's cellar, and had two six pennyworth's of rum and water, in a china bason: I saw two silver tankards in a corner cupboard: Morris took them out of the cupboard, and gave them to the woman at the bar, his wife; it was designed by us four; we went on purpose to take them; we went and melted them at Morris's house; we all worked at it; we hammered them, and put them in the melting pot: this is the same lump that is here produced: it was carried by Sedro to the girl's master's house, to be assayed.

The prisoners said nothing in their defence.

All three Acquitted .

(M.) Jane Ode was a second time indicted, (together with James Morris , who was tried in May Sessions) for stealing a six livre piece, 80 guineas, and 21 l. 6 s. 6 d. in money, numbered, the property of John Phoenix Sarrant , in the dwelling-house of the said John , December 29 ||

Acquitted .

See No. 267. in this mayoralty.

394. (L.) George Loveland was indicted for stealing three doe-skins, value 3 s. the property of John and Henry Bullock , July 15 .

To which he pleaded Guilty . B .

395. (M.) Hugh Mackdaniel was indicted for stealing two shirts, value 2 s. a waistcoat, value 1 s. a handkerchief, and a pair of stockings , the property of Owen O'Neal , July 1 . +

Owen O'Neal . I was not at home at the time my things were missed out of my room where I lodge. I failed eight years along with the prisoner, and he bore a very good character: I know nothing who took them: I have got them again.

Thomas Parsons . The house where the prosecutor lodges belongs to me: I let it out in tenements. I was lying ill on my bed, and was informed the prisoner was stopped with some things coming out of that house, and I went and found him at the door. He was searched, and the things mentioned in the indictment were found upon him. I delivered them to the constable, and the constable delivered them to the prosecutor at Hick's-Hall.

Prisoner's Defence.

I was very heavy in liquor at the time the thing was done.

Guilty . T .

396, 397. (M.) Robert Powell and John Pool were indicted, the first for stealing 120 lb. weight of iron, value 10 s. the property of James Trimmer , and the other for receiving the same, well knowing it to have been stolen , July 12 . +

Robert Trimmer . I am a brick-maker , and live in Old Brentford . I lost some iron from the ferry-wharf there; (A piece produced in court.) It is barge dron; I know it to be my property. Powell confessed he did take it, before Justice Welch, and delivered it to Pool. Part of this iron I found at the house of Mr. Murford, who had bought it, and came and informed me of it.

Richard Murford . I am an ironmonger by trade, and live in Old Brentford. Pool brought this iron to me, and I bought it of him for a penny a pound and some for three farthings a pound.

Q. Was Powell with him?

Murford. No, he was not.

Powell said nothing in his defence.

Pool's Defence.

I bought this iron of Powell and another man; they said their master gave it them, to get them a little beer.

For Pool.

Thomas Moss . I have known John Pool two or three years; I never heard any ill of him in my life.

George Ford . I have known him six years; he is a very honest man, and worked very hard for his family.

Powell, Guilty . B .

Pool, Acquitted .

398. (M.) Margaret Weston , spinster , was indicted for making an assault on Ann Peirce , on the King's highway, putting her in corporal fear and danger of her life, and taking from her person three guineas, and 4 s. 8 d. the money of Dorothy M'Creary , widow , June 23 . +

Anne Peirce . I am almost 13 years of age. About 12 in the day, a month last Saturday, the prisoner saw my mother put three guineas, and 4 s. 8 d. into my hand, for change for a 3 l. 12 s. she had bought a shoulder of veal of my mother, and I was to carry the veal and money. When I was got at a distance in Russel-street , the prisoner opened my hand, and took the money out, and ran into Covent-Garden. I was frightened after she was out of sight, and went home.

Q. Had you known the prisoner before?

A. Peirce. I never saw her before; but I am sure she is the person.

Dorathy M'Creary. The prisoner came to my shop, a month ago last Saturday. I keep a butcher's shop , and am mother to Anne Peirce ; she bought a shoulder of veal, which came to 4 s. 4 d. she said she was cook to a gentleman, and desired me to send the girl with the veal, and change for a 3 l. 12 s. I gave the girl three guineas and 4 s. 8 d. the prisoner desired me to put it in a piece of paper. I delivered it to my child in her presence, and my child went with her, with the shoulder of veal: after that, the child came and told me the woman had taken it. I went to Justice Fielding's, and they took her dress and size in writing: after that, she was found at a bawdy-house door; I ran and took her with my own hands, about eight o'clock the same night: the robbery was about twelve in the day.

Anne Hall. The little girl and a woman came into our shop, with a shoulder of veal in a tray; the woman asked the price of some things; I thought she was a sharper: they went out, and the little girl stood by my door; the woman was gone. The girl said, I wish the woman would come back again: said I, I believe she is a sharper. Then the girl said, O Lord, she has got change for a 3 l. 12 s. I think the woman is the woman at the bar, but I do not sware it.

Prisoner's Defence.

I am not guilty of any such thing. I did not go out that day till twelve o'clock.

For the Prisoner.

Mary Whitehead . I have known her five months. I know her to be a very honest sober woman; she was my servant; I live in Bridge's-street, Covent-Garden. I am a married woman; my husband is a gentleman; an officer of the first regiment of the Queen's dragoons. The day she was taken away, she was not out of the house a quarter of an hour, from twelve till after two: it was on a Saturday, and she was cleaning my room. I was at breakfast, at a quarter after twelve, and she breakfasted with me: she went out before twelve for a little tea.

Martha Clark . I have known her almost four months; I live in Bridge's-street; she was taken from our door the 23d of June. I afterwards heard the child lost the money that morning. I got up that morning, and was sweeping the passage; I saw the prisoner putting on her cap; I asked what o'clock it was; I looked, and it wanted ten minutes of eleven. She went out on an errand, after she had filled the tea-kettle out of the water-tub: she went in with a black cream-pot on her finger: she was in the house full half an hour after I looked at the clock: she was not out above ten minutes. Captain Whitehead is husband to the other witness.

Q. to Prosecutrix. What time was she at your shop?

Prosecutrix. It was not above three or four minutes from twelve o'clock, over or under.

Elizabeth Weston . I live in Swan-yard, next door to the Cook's shop; the prisoner worked for me: I am a mantua-maker. I have trusted her with many pounds worth of things, and she never wronged me.

Guilty . Death .

There was another indictment against her for such another offence.

399. (M.) Matthew Jones was indicted, for that he, on the 10th of June , about the hour of two in the night, the dwelling-house of Thomas Parry , did burglariously break and enter, and stealing one woman's sattin shoe, value 3 s. and eight pair of leather shoes, value 4 s. the property of the said Thomas, in his dwelling-house . ||

Thomas Parry . I am a shoemaker , and live in Little Turnstile, Holborn . On the 10th of June, I was called up by the watchman; I got up; this was about half an hour after two o'clock. I found my shutter broke, and missed eight pair of shoes and one sattin shoe, out of the place where it was broke.

William Morgan . The prisoner came and offered this shoe to sale; I shewed it to the next shop to me, and they knew it to be the property of the prosecutor, so I stopped him: (Producing the shoe.)

Prosecutor. Here is the fellow to it; (producing i t); the names within were alike: and were made for Mr. Serjeant Whitaker's sister.

Prisoner's Defence.

I asked nine-pence for the shoe; I found it at the top of the Newmarket: there were two or three people saw me pick it up.

Guilty of Felony only . T .

400, 401. (M.) Daniel Hinds and John Shields were indicted; the first, for that he, on the 2d of July , about the hour of twelve in the night, the dwelling-house of John Leak , Esq ; did break and enter, and stealing two linen night-caps, value 2 d. three linen shifts, value 3 s. two pair of leather shoes, value 6 d. one pair of silk stockings, one blanket, one pair of worsted stockings, two linen handkerchiefs, one linen bag, one knife, and two glass quart bottles, the property of the said John, in his dwelling-house ; and the other for receiving the same, well knowing them to have been stolen . +

John Leak . I am a physician and man-midwife , and live in Craven-street, in the Strand ; Hinds was my foot-boy , and is about thirteen years of age; he took away a bag with the things in it; the watchman took him up in the street, and he ran from him; (A parcel of wearing apparel, a blanket, and a pair of shoes, produced in court); the shirts and livery I gave to the prisoner, I can only swear to the blanket.

David Bevan . The two prisoners and another boy were making an agreement to carry this bundle to Hyde Park corner, for 2 d. I am a watchman in the parish of St. Martin's in the Fields; I took Shields, with the bag and things in it, and Hinds made off. We took him afterwards: there was one Thomas Doland with them, but he is not taken: the other prisoner is about thirteen years old. Another watchman confirmed the account given by Bevan.

Both Acquitted .

402. (M.) John Maund was indicted for stealing a silver watch, value 30 s. the property of William Collier , January, 1763 . ||

William Collier . I wound up my watch (a silver one) over night, and hung it on a chair by the fire side; I went out to work, and when I returned, my wife was crying, and said the prisoner had stole my watch; I took him about six weeks ago: I had not seen him for about two years.

Ann Collier . I am wife to the prosecutor. The prisoner came in to ask me to make him a couple of shirts; he staid almost an hour; the watch was hanging in the room, and I told him what o'clock it was by it; there was no other person in the room besides him: I missed it as soon as he was gone.

Q. When was this?

Collier. This is about a year and a half ago.

Prisoner's Defence.

I never saw the watch.

Acquitted .

403. (M.) Arthur Kane was indicted for stealing one razor-case, value 2 d. and three razors, value 4 s. the property of Charles Warren , July 17 . ++

Charles Warren . The prisoner came into my shop (I am a barber ) in Banbury-street, St. Giles's. he asked if I could make a good wig for a guinea; but I was not at home: my lad came and told me a man had been shaved, and took away a razor-case and some razors: he went with me to shew me the man, which was the prisoner at the bar. I said, how came you to take my razors away? he threw them down, and said, there, d - n your eyes, there they be. I took him before the justice; he was for fighting me, and said, if ever he got clear of me, he would murder me and the constable too, and he would send the justice to hell.

Thomas Culymore . The prisoner came into the shop last Tuesday night, and asked if I would make him a good wig for a guinea? he said, he had a good deal of money to take for service on board a ship: I left him in the shop, and the razors on the table; they are my master's razors: when I was returning back, I saw the prisoner in the possession of my master and the constable.

Charles -. I am apprentice to the prosecutor. I was in the shop at the time the last witness went out to dinner; then I shaved the prisoner, and he took the razors, and went out, without paying for shaving; then I went and told my master; we followed him, and took him: I saw him throw the razors down.

Prisoner's Defence.

I know nothing about it; I lost my senses, by the cuts I received in the two last wars.

Guilty . T .

404, 405, 406. (L.) John King . James Allen , and Joseph Jones were indicted for stealing fourteen walking canes, value 4 l. 10 s. the property of George Worster and Robert Brown , in a certain hoy, lying on the river Thames , April 21 . ++

The same persons gave evidence as on the trial of Ricketts, in No. 343. in last Sessions Paper.

All three Acquitted .

407. (L.) Thomas Loseby was indicted for stealing a silk handkerchief, value 18 d. the property of Benjamin Asterly . June 27 . ++

Benjamin Asterly . On Wednesday the 27th of June, I and Mr. Fielding were going down Ludgate-hill , just by the Old Bailey, I thought I felt something at my pocket; I looked round, and saw the prisoner with my handkerchief in his hand. I said to Mr. Fielding, that man has picked my pocket of my handkerchief; then said he, I have got him fast, and laid hold of him. The prisoner turned, and said, Sir, have I picked your pocket? Yes, said I, you have: then I saw the handkerchief fall from the inside of his jacket on his shoe. (Produced in court, and deposed to.)

John Fielding . I was in company with Mr. Asterley. After he got his handkerchief again, I gave the prisoner a kick, and said, go about your business: then the prisoner said he would have satisfaction for that kick; then we determined to take him before a magistrate. Going along, he endeavoured to seize my cane, and said he would go no farther; but we took him to a magistrate, and he was committed.

Prisoner's Defence.

As I was coming down Ludgate-hill, there was a crowd; they said, a man's pocket was picked; he turned round and collar'd me, and said, he had lost his handkerchief, and I had got it; he gave me a kick on the arse, and said, go about your business: I knowing myself innocent, wanted to know what that was for? after that, the handkerchief was kicked right under me by the people that followed.

Prosecutor. It was less than a minute from the time I had it in my pocket, to the time I had it again, after the prisoner had it in his hand.

The prisoner called Samuel Ward and Elizabeth Bruncell , who said they had employed him, and always found him very honest.

Guilty . T .

408. (L.) Isaac Benjamin was indicted for stealing a linen handkerchief, value 2 s. the property of Thomas Levingstone , July 21 . ++

Thomas Levingstone . On Saturday last, betwixt eleven and twelve in the forenoon, I was going along Fleet-street ; a gentleman told me my pocket was picked of a handkerchief, and the fellow that did it is got off, but the prisoner then had it; upon which, I laid hold of him, and found it concealed under his coat. I took it from him, and got a constable, and took him to the Mansion-house.

James Knight . I saw the prisoner receive a handkerchief from a man that took it out of the prosecutor's pocket, and when we got him to the constable, he confessed he received it from a person that had picked a gentleman's pocket. He was asked his name? he said he did not know him, any farther than that he was a Jew.

Prisoner's Defence.

Going up Fleetstreet, a young fellow went before me, and happened to pick the gentleman's pocket of a handkerchief, and dropped it on the ground; I took it up, and had it under my coat.

Guilty . T .

409. (L.) William Cook was indicted for stealing one porcelain mug, value 18 d. nine British basons, value 7 s. two tea pots, fourteen tea-cups, twenty saucers, two tumblers, two milk juggs, a mustard pot, a milk pot, and a sauce-boat , the property of William Matthews , June 19 . ++

The prisoner was servant to the prosecutor; it appeared he had made presents of several pieces of his master's manufacturing; but as the prosecutor sold large quantities of such daily, he could not certify these were not such.

Acquitted .

410. (L.) Margaret, wife of Barnaby French , was indicted for receiving fifteen bushels of coals, value 15 s. the property of John Appleton , well knowing them to have been stolen by John Baker , John Smith , Robert Smith , and Richard Hickman , who were tried and convicted for the same, in December sessions, 1759 . ||

The only evidences were Mr. Appleton and Bransfield, which no ways affected the prisoner, being the same as on the former trial.

See the Numbers 69, 70, 71, 72. in Sir Thomas Chitty 's mayoralty.

Acquitted .

411. (L.) John Beaden was indicted for stealing twelve pounds weight of Bohea tea, value 4 l. the property of William John Andrews , Esq ; and Joseph Middleditch , June 7 . ||

Joseph Middleditch . I live in Budge-row. The prisoner was coachman to Mr. Andrews, my partner: we are grocers . On the 12th of June last, we found a great deficiency in our tea; the excise-officer makes us take an account of our stock four times in the month, and we could not give an account how this decrease came; we supposed by our book, twenty pounds of tea were deficient: we had no suspicion of the prisoner, he having no connection with the shop; so we entertained a bad opinion of honest servants, and had determined to turn them all away; but on the 20th of June last, a servant of ours went into the shop earlier than common, and the prisoner at the bar was found in the shop, without his shoes and stockings: this was between five and six o'clock. I was called up, and went in about five minutes; there I saw the prisoner: he begged of me to have mercy on him; he owned he had taken tea out of a cannister, and put it into a paper bag; I suppose it might hold about eight pounds; he being frightened, put it back into the cannister again. He said, if I would forgive him, he would never do the like again; and told us he had robbed us before, and how he got into the shop: that on the 7th of June, he had taken some tea, and wrapped it up in canvas, and sent it to one John Smallwood , a very bad fellow, somewhere near Ipswich; we endeavoured to take that man, but it was blown about, and he got off. I believe the prisoner is a very young offender; he never denied it. I never heard any ill of him before.

Q. How did he say he got in?

Middleditch. The door had two capital bolts, and he had made a breach by the side of the door, in the lath and plaister; he could get his hand in, and with a stick could undo, and also fasten again the bolts; he made the same confession before my Lord Mayor; and on the account of his penitence, I recommend him to mercy.

George Gilbert Slack . I am servant to the prosecutor. On Wednesday morning, the 20th of June, about 6 o'clock, I went into the shop; upon unlocking the door, I perceived the prisoner at the bar at a cannister, emptying tea into a paper bag. I walked about two yards into the shop before he saw me, I believe; he fell on his knees, and said, I am ruined, I am ruined; What shall I do? I said, I cannot tell what you must do; as I have been suspected in taking of tea, I am obliged to tell my masters of it, and it was in vain to speak to me. He got up from his knees, and went to the paper bag, and returned the tea out of it, into the cannister again, and went up stairs into his own room, and put on the remainder of his cloaths, having then on nothing but his breeches and shirt. In that time, I went and called Mr. Middleditch up, who immediately followed me, as soon as he could put his cloaths on. When I returned, the prisoner was coming along the shop to come to the door, in order to go out: Mr. Middleditch said, Young man, I have a suspicion of your taking the tea; he made no answer: then Mr. Middleditch said, Did you not take the other tea that was missing? he fell down on his knees, and confessed taking about twelve or fourteen pounds before, and had sent it into Suffolk, to one Smallwood, a smuggler, to sell for him: this he also confessed before my Lord Mayor.

Prisoner's Defence.

I never did take any, but that time, and that was for my own use, as I had seen the other servants do so before; I was not very well at the time. As to a confession, I said any thing whatever they asked me, but I am quite innocent of it.

Guilty . T .

412. (M.) Edward Barry was indicted for stealing one hempen bag, value 8 d. and one hundred pound weight of iron nails, value 18 s. the property of James Menetone , July 11 . ||

James Menetone . I am a ship-builder . On the 11th of this instant, the day after I was burnt out, I was called down to New-crane-stairs, and was told a man had got a bag of nails out of my yard: there was a boat lying close to the stairs, and the prisoner and a bag of nails were in it; I know the bag to be my property, and the nails I have no doubt about; they are nails that had been burnt in the fire, and such I missed out of my counting house, and found it broke. I asked him how he got them out of my counting-house? he said, he ran after a man that had them, and he got away and left them.

Richard Onslow . I am a waterman. I was called out, and told a man was stealing coals out of a barge: I went and saw the prisoner standing up, with a bag; I felt the bag, and found it to be full of nails; a young fellow had stopped him, and he was standing by a boat; I do not know whose boat it was: it was taken up a-drift. I sent for the gentleman, and when we got the prisoner up into the street, he said he got the nails from another man: he and the nails were very wet, which must be by his coming out of the yard under shore.

The prisoner in his defence said, he got so wet by going into the water, to look for an our that he said was lost.

Guilty . T .

413, 414, 415. (M.) Sarah More , Jane Cornish , and John Robinson , were indicted, for that they, on the King's highway, on Robert Wittingdale did make an assault, putting him in corporal fear and danger of his life, and stealing from his person two yards and a half of cloth, value 3 s. one cloth waistcoat, value 20 s. and one hat, value 1 s. his property , July 6 . ++

Robert Wittingdale . On the 6th of this instant, I went into Rosemary-lane, near 8 in the evening; I met with More, the prisoner, and went into a public-house to drink: I do not know how we came together, for I was in liquor; we were there some time, and then went into another public-house; there we drank till pretty near twelve o'clock; then she took me down to Saltpetre-bank , where we met with Robinson, and I think, Cornish, the prisoner. More called to the other woman, but what she said, I do not know: we went into a house: I did not like their company, and went out, saying, I had no money to pay for a lodging. After I came out of the house, a person behind me, which I suppose to be Cornish, laid hold on my bundle, which I had upon my right arm, two yards and a half of cloth, and a cloth waistcoat: Robinson came before me, and struck at me, and in moving my arm, to keep off the blow, the cloth and waistcoat were gone: I was looking about for help, and they were all out of my sight; and in a few minutes after, Robinson returned, snatched my hat off, and ran away: Soon after that, a man came, and seemed to be sorry for me. I went all about to see for the things, the next day in the afternoon, and to a pawnbroker's. I saw Robinson before me; I thought by the cock, he had my hat on. I asked a man what that man's name was? he said, Robinson; I gave a beckon to Robinson to come to me; I wanted to look at the hat, but he slipped away.

Q. Had you ever seen either of the prisoners before?

Robert Wittingdale . Never, as I know of. I cannot be so certain to the woman as the man.

Q. As you was so drunk, can you be certain to the persons?

Robert Wittingdale . I am perfectly sure of Robinson, by his person and cloaths: at the time I was robbed, I was as sober as at this minute. I never found any of my things again.

Robert Martin . I saw More bring the prosecutor down to Saltpetre bank; she called Cornish: she ran away at first; then More said, come here, nobody will hurt you: then she came back to them; this was in the street, in Black-boy-alley, on Saltpetre-bank; then Robinson and the two women went together a little time.

Q. You said nothing of Robinson before?

Martin. At first, he and Cornish were sitting together; Jane Cornish came back, and snatched the bundle from under the man's right arm, and gave it to More; they were all three together; Robinson was behind the women. After that, I saw Robinson come back, and take his hat, and run away with it; the prosecutor ran after him, and fell down, with his head against a smith's shop: I was within six or seven yards of them at the time.

Q. What time of night was it?

Martin. About twelve o'clock, or a little after: I lodge there, at the house of O'Harra. I said afterwards that I saw the thing done; then they came and took Cornish. I saw the prosecutor walking about all night afterwards.

Q. Was there no watch there?

Martin. Yes, there was.

Q. Why did you not go and alarm them?

Martin. I was afraid, and was sick of an ague and fever, and had no money to pay for a lodging.

Q. Did you ever see the prisoners before?

Martin. Yes.

Q. to Prosecutor. Do you remember seeing this evidence that night?

Prosecutor I do, by his cloaths; he was pretty near the prisoners.

Q. to Martin. What are you by business?

Martin. I drive a cart.

Q. Could you see Cornish's face at the time?

Martin. Yes, and I saw More tie the things up in her apron: I had drank with Robinson at the Black-boy; he went out before me.

Q. How came you in the alley?

Martin. I was there to pass time away.

Q. Had you and Robinson agreed to go into that alley together?

Martin. No.

More's Defence.

I was in Rosemary-lane; I buy and sell old stockings. I met the prosecutor, who said, he thought he knew me; he was very drunk, and gave me 8 d. for a pair of stockings, and I spent seven farthings. He called for eight or nine pints of beer for himself and me, and what people he pleased to give it to; he said, he lived as far as Aldgate, and could not go home that night; he begged of me to get him a lodging: I did my endeavour to bring him to one; he had a bundle under his arm: when we came to the house, he had no more than two-pence half-penny, and the people would not take that, so I came away and left him.

She called Charles Orr , Charles Rotherey , John Cowman , Jane Smith , Susannah Lawler , Elizabeth Holmes , and Ann Carlisle , who said they never heard she was ever guilty of stealing any thing.

Cornish's Defence.

Mrs. More came and called me to this man, and we went into a house: he had no money to pay for his lodging but two-pence half-penny; he went out of the house about half an hour before I did; I never saw any more of him after he went out.

Robinson's Defence.

I work very hard for my living: I met that witness, More, (I believe it was him) on Saltpetre bank; I having no money to pay for my lodging, he called me to sit along with him; after that, I went a little farther, and met a man, who stopped me, and said he thought I had robbed him about an hour ago: I said, if you think I have robbed you, why do not you charge the watch with me? the watch was then coming by; he said, no, you are not the man.

Q. to Prosecutor. Did you see Robinson again, about an hour after you were robbed?

Prosecutor. No. I never saw him after I lost my hat, till the next day in the afternoon.

All three Acquitted .

416. (L.) Patrick Brewer was indicted for stealing seventeen pounds weight of sugar , the property of persons unknown, July 11 . ++

James Taylor . I am a gang-porter. I heard there was a thief taken with some sugar: I went down the gateway that leads to Ralph's key ; there was the prisoner in a mob of people, with his pockets full of sugar. The sugar was taken out of his breeches, coat, and waistcoat pockets, some was spilt: it weighed seventeen pounds and upwards, all clean sugar. We found a hogshead with the head out, and it had been plundered: we weighed it off, and it wanted a quarter, and 14 or 15 lb. the prisoner was not at work there that day.

Thomas Lewis . I was coming down the gateway, and saw the prisoner jump out of the loophole, and in his fall, he dropped out some sugar: it was one story high, about twelve feet high; I perceived a great deal of sugar upon him: he asked me to let him go, but I would not; I kept him till the gang's-men came.

Prisoner's Defence.

A man that I had been at work for, in landing some rum and brandy, gave me the sugar, and desired me not to go out at that door, but to go out at the back door, and I fell down, not knowing what I was about, being drunk.

Guilty . T .

417, 418. (L.) Samuel Curtis and William Wilkinson were indicted for stealing a linen handkerchief, value 18 d. the property of Robert Mills . June 17 . ++

Robert Mills . Coming down Fleet-street , the 17th of June, betwixt nine and ten at night, below Fetter-lane, I was informed a man had taken my handkerchief out of my pocket, and he would shew me the man; he went with me, and we took the prisoners by St. Dunstan's church; we charged them with it; Wilkinson took the handkerchief, and I saw him drop it down behind him; I took it up: (Produced and deposed to); here is my name upon it. I told Wilkinson I saw him drop it; he denied it: I cannot say when I had it last. John Lee told me of it the minute it was done.

John Lee . I was coming home, through Fleet-street, that Sunday night, and saw the two prisoners following the gentleman; they turned back after him at Temple-bar: he there met them; then I thought they were about no good, and I watched them. I observed Curtis take the handkerchief out of the gentleman's pocket, and put it behind him in his hand, for about half a minute, and Wilkinson took it out of his hand, and put it into his pocket: then I went and told the gentleman: he and I went on the other side the way; then at St. Dunstan's church we took hold of them. I saw Wilkinson take the handkerchief, and shuffle about, and let it fall by his feet.

The prisoners said they did not know their trial was to come on so soon, and had not their witnesses ready.

Both Guilty . T .

419. (L.) Thomas Caffry was indicted for stealing four pounds weight of bacon, value 2 s. the property of John Dodd , June 11 . ++

Peter Dodd . I am journeyman to my brother, Mr. John Dodd . On the 11th of June last, I happened to go from behind the counter, in our shop, in Newgate-street: a gentleman said a man had taken a piece of bacon; I went out and followed the prisoner, and saw the piece of bacon in his hand, by the side of him; I asked him where he was going with the bacon? he said, no where, but a man had given it him; my brother charged a constable with him, and he was sent to the Compter. It was taken out of the window; I had cut it about a quarter of an hour before: (Produced and deposed to). He was very much in liquor.

Prisoner's Defence.

As I was coming along, there was a great mob about Mr. Dodd's house: what they intended to do, I do not know. I don't know any thing about the bacon.

Michael White . I have known the prisoner about four months: it was Whitsun-Monday, and he had been drunk that day. As to the fact, I know nothing of it.

Guilty, 10 d. W .

420. (L.) Susannah Penn , spinster , was indicted for stealing two shillings and eleven-pence half-penny , the money of Samuel Randall , June 22 .

Anne Randall . I am wife of Samuel Randall . The prisoner picked my pocket of two shillings and upwards, and owned it before my Ld. Mayor. She had bought some flounders of me, and came back to cheapen a cod, and took an advantage, and picked my pocket. Before my Lord Mayor, I swore to two crooked shillings; we found two crooked shillings: in the whole, there were five shillings all but one half-penny. She is twelve years old, as she tells me: I know I had the money in my pocket the minute before she came to me.

The prisoner said nothing in her defence. Guilty . T .

See her tried twice before, No. 38. and 135. in last mayoralty.

421. (L.) Thomas Coff was indicted for stealing a pair of pumps, value 1 s. and a pair of shoes, value 1 s. the property of Jervis Adams , July 19 . ++

Jervis Adams . I am a shoe-maker , and live in Newgate-street : I can only say the goods taken away are mine, and the prisoner confessed to me he did take the shoes.

Elizabeth Wright . My master's house is repairing: I kneeled down in the passage, to call my young master to tea, and saw the prisoner take a pair of shoes off the shelf in the shop; he was at the bottom of the ladder; he was my master's journeyman; he put one in one pocket, and the other in the other, and went out at the door with them; this was about six o'clock in the evening, about a week ago, or better; his business was to cut out. I went down and told my young master the prisoner had got a pair of shoes in his pocket, and he went after him, that is all I know.

Bulimore Francis. The prisoner came to my house, and called for a pint of beer, on a Monday, a week ago; he said he would fetch them in two hours time.

Q. Where do you live?

Francis. I live in Windmill-court, Pye Corner.

Q. Did he call?

Francis. He did not call at all for them; here they be. (Two pair produced, and deposed to by the prosecutor.)

Michael Clare . The prisoner confest to me, the morning after he took the shoes, where they were: I am a fellow journeyman. He was apprehended the same evening; I think the 19th instant, on a Monday: he said the reason he did not tell me before was, because he had left two pair instead of one; as the maid charged him but with one pair: I went and found them where he had said.

Prisoner's Defence.

I took them for a customer, and he was gone out of town; and I could not shew them that night; and I took and left them there: the person's name is Jones, he lives in the country.

The prisoner called Mr. Mead, Mr. Adamson. Mr. Matthews, and Mr. Penton; the first had known him from his infancy; the second, ten or twelve years; the third, between two and three years; and the other about four months; who all gave him a good character, exclusive of this.

Guilty 10 d. W .

422. (L.) John West was indicted for stealing two silver spoons, value 25 s. the property of George Newton , July 20 . ++

George Newton . The prisoner's wife is servant to me: he is a seaman . I am a victualler : he came to my house on the 20th of July; the spoons were then in the one pair of stairs room, where I lie; and at nine o'clock at night we miss'd them; and by enquiring about, got knowledge of the spoons being at a pawnbroker's in Nightingale-lane, where I found them: and when I found him, he acknowledged he had stole them, and was sorry for it; and desired I would prosecute him as far as the law directs.

Elizabeth Allen . I am a pawnbroker, and live in Nightingale-lane: the prisoner pledged these spoons with me on the 20th of July, betwixt twelve and two o'clock; the prosecutor came afterwards and owned them.

Guilty . T .

423. (L.) Walter Gray was indicted for stealing a silk handkerchief, value 2 s. the property of George Clifford , Esq ; July 24 . +

George Clifford . On the 24th of this instant, I lost a handkerchief, coming out of the 'Change-gate : I felt the prisoner put his hand in my pocket, and take out the handkerchief; I took hold of his arm and charged him with it; he dropped it immediately, from under his coat: I got assistance, and he was secured. (Produced in court, and deposed to.)

Prisoner's Defence.

I am innocent of it. While the gentleman was talking to me, another man came up, and said, Sir, is this your handkerchief; he said it was; and he gave it him.

Guilty . T .

424. (M.) Lucy Hall , spinster , was indicted for stealing two linen shirts, one blanket, one pair of bellows, one box-iron, two heaters, and one wooden pail, in a certain lodging room, let by contract , the property of David Miller , June 1 . *

David Miller . I let the prisoner a ready furnished room, at 2 s. a week; the things mentioned were part of the furniture: I missed all these goods, some of them twelve months ago; and she acknowledged to me, she had pawn'd them: the last time she owned it, was on Monday night. I desired she would go with me to fetch them out; I would have paid, with my own money, for them, and not prosecuted her; but she would not: I fetched a constable, and desired him to threaten her if she would not: she would not; then I was exasperated, and went and got a warrant against her.

Q. Did you ever give her authority to pawn your goods?

Miller. No; when we were very near New Prison, there she discovered every article; and what they were pawned for, and where: the constable has wrote the particulars on the back of the warrant.

Benjamin Legoe , the constable, confirmed the evidence given by the prosecutor, of what pass'd after she was taken up.

Prisoner's Defence.

I confess I pawned these things, being in distress; and had a sick child, and had nothing to support it: I did intend to have taken them out of pawn as soon as I could.

Guilty, 10 d. W .

425. (M.) Charles Blake was indicted for stealing one copper, for boiling of water, value 20 s. the property of Esther Norton , widow , July 17 . *

Esther Norton . I lost a copper that was fixed in a washhouse, in brick, last Tuesday was se'ennight. I keep a public house , the waterman's arms, at Islleworth; I went to Brentford, and accidentally went to the prisoner's door, and asked where I could have a little copper; he keeps a little brazier's shop; I did not see him: his wife said, we have no such thing at present; my husband is gone to buy one.

Q. Have you ever seen your copper since?

Esther Norton . No, I have not.

Thomas Green. I am a waterman: the goods were brought into Mrs. Godman's house, when I was in bed and asleep.

Millicent Godman . The prisoner was out with goods, late in the evening, to sell, as he told me, last Saturday was se'ennight: he brought a wheelbarrow full of goods, after ten at night; he desired me to give them to the waterman, for him to carry them down the next day. I never looked into the goods: the waterman was then in bed: the waterman carried them away in the morning; I saw him carry them out of the house. The prisoner desired he would not let Richardson, another brazier, see them.

Thomas Green. When I got up in the morning, Mrs. Godman told me there were some things come for me to carry down to Brentford: they were in a wheel-barrow; I put them, wheel-barrow and all, into my boat: there were divers goods; I did not in particular see any copper; I did not open them; he left word where he would wait for them, to receive them: he was there; I delivered them to him; he helped me out of the boat with them; but I cannot swear I had a copper in my boat.

Acquitted .

426. (M.) Martha Pitney , spinster , was indicted for stealing a silver pint mug, value 36 s. the property of Christopher Shambrooke , July 4 . *

Eleanor Shambrooke . I am wife to the prosecutor; I keep the Windmill public house, in Rosemary-lane : the prisoner and another woman came in for a penny worth of beer, on the 4th of June, about four in the afternoon; I went down to draw her beer; then the mug stood upon the dresser; and when I came up again, the mug and prisoner were gone; the other woman was there: I asked my servants if they had moved the mug; they said no: then I enquired of her friend where she was; she said, she was gone to a friend, and would be back presently: I bid her not trifle with me, for she had got my mug. Then Alice Gaul told me a woman was coming up the passage; I went to the passage; the prisoner was there; I went out and took hold of her, and brought her into the house; I charged her with taking it; she denied it to me, and said, she was coming back with it. (Produced and deposed to.)

Alice Gaul . I saw the prisoner coming back; I told the prosecutrix where she was; she came and took her into the house, and I saw her deliver back the mug.

Q. to Prosecutrix. Was the prisoner a customer before?

Prosecutrix. I never saw her before to my knowledge.

Prisoner's Defence.

I met a woman in Rosemary-lane, which I had a very slight acquaintance with; she asked me to go and drink; we went into this house; then she wanted me to go of an errand for her, to a man in the lane: she came after me, and put this mug into my apron. When I saw what it was, I was going to carry it back, and the woman met me; I delivered it to her.

She called Solomon Cole , who had known her fourteen years, and Joseph Philipson , who gave her a good character. The latter said he had known her from her infancy; and would take her into his service was she cleared.

Acquitted .

427. (M.) William Neptune was indicted for stealing a bank-note, for the payment of 20 l. the property of Benjamin Ireland ; in the dwelling house of the said Benjamin , July 8 . *

Benj Ireland . On the 7th of July, I received a 20 l. bank note of the house-keeper of Lord Ligonier, No. 295; this was on a Saturday, and we missed it on the Monday following. I had the date and No. from the gentlewoman after we had lost it; I do not know it of my own knowledge: I was gone to Bare Key; when I returned, my wife told me the desk was broke, and the note lost: we had a suspicion of the prisoner, he having laid out some money, which he could not give an account how he came by. I was before the justice on two examinations: on the first he denied it; this was on the Monday, before Justice Fielding: he then said, one Toby, a black, had given him two guineas to buy the things that he had bought. The second examination was on the Thursday; then he confessed he broke open the desk, and took this 20 l. note out: his master, a gentleman lodged at our house about eight months; (the prisoner was a black) Mr. Taylor brought the bill to the Justice; we examined it, and found by the date and No. it was my note; he said, two blacks came and changed it with him, but he did not think the prisoner was one of them.

Mary Ireland . My husband gave me the bank note on the Saturday evening, the 7th of July; I did not take notice of it.

Q. Is Lord Ligonier's house-keeper here?

Mary Ireland . No, she is not.

Mr. Taylor. I have since paid the note away.

Q. Did not Justice Fielding order you to keep it, and produce it here on the trial?

Taylor. He did; but I had occasion to make use of it.

As the note could not be produced, to identify it to be the same as described in the indictment, and the prosecutor's property, the prisoner was Acquitted .

428. (M.) Grace Allen , spinster , was indicted for stealing one Russel petticoat, value 10 s. and one pair of stays, value 3 s. the property of Francis Benham , July 20 . *

Anne Benham . My husband's name is Francis. I was out last Friday night; my daughter told me, she had lost a gown and coat; I went up stairs, and missed more things. I was told some of the lodgers had called up the prisoner: describing her, I went in search of her; and found her in Drury-lane, where she lodged: we charged her with taking the things; she went with us to the pawnbrokers; there we found one gown, I have it now on; at the next, we found a gown; she owned she pawned them there, and asked for them: then at another pawnbroker's we found my petticoat and daughter's stays. (Produced in court, and deposed to.)

A Pawnbroker. I took in the petticoat and stays of the prisoner at the bar, last Friday.

Mary Milavay . Last Friday I saw the prisoner knocking at the prosecutor's chamber door; I asked her what she wanted; she said, a midwife; I said there was none lived there; if there was any in the house, it must be higher: she went up. but that woman was not a midwife: I did not see her go away: whether she took them before or after I saw her, I cannot tell.

The prisoner said nothing in her defence.

Guilty of stealing the petticoat, 10 d. W .

429. (M.) James Ooler was indicted for stealing three quarts of rum, value 2 s. the property of Hutchinson Mure , July 17 . ||

Henry Dominy . I am an excise officer for the King. I was stationed in the Blessing, Captain Joseph Nash , from Jamaica. Last Monday se'ennight we were delivering rums out of the ship, into the lighters: the prisoner was a waterman at Ratcliff-Cross : he came on board the lighter, and bored a hole in a puncheon, and drawed off some rum in a bladder; he was going away, and I took the bladder out of his trowsers pocket; there was more than three quarts of it. According to his confession, the lightermen were all concerned; he produced a large gimlet, and small tap and faucet: he was taken before Justice Berry, where he confessed taking it; I tasted the rum: he had no business on board.

Samuel Green. I am mate of the ship. I was down in the hold, doing my duty.

Q. Whose property was the cargo?

Green. It all belonged to Hutchinson Mure . I catched the prisoner drawing of rum into a bladder; there might be four or five quarts of it; I carried him on shore.

Prisoner's Defence.

There was sculler called; I went: they asked me to come and drink; they gave me so much drink, I did not know where I was; I know nothing of the liquor or bladder. The next day I found myself in the watch-house.

Green. He did not appear to me to be drunk.

Guilty, 10 d. W .

430. (M.) Lucy Gregory , otherwise Crane , was indicted, for that she, in her own dwelling house, on John Brett did make an assault, putting him in corporal fear and danger of his life, and violently taking from his person 3 s. his property, and against his will , May 28 . ||

John Brett . The prisoner lives in Clement's-lane , and kept a private house. I was going home one night, about the 28th of May; I live in Wych-street; I was going from the Trumpet, Sheer-lane, betwixt the hours of eleven and twelve; I met the prisoner and another woman in St. Clement's ch urch-yard; I went with them into her house, and sat in a great chair; the other young woman asked me if I would have something to drink; I said, no: she called for a negus, and Mrs. Crane brought it in; the prisoner said, if I would not pay for it, she would take my life. She took out a fire shovel, and cut me down the nose: she said, if I would not deliver the money, she would knock my brains out. If I had not paid for it, she would have murdered me.

Q. What did you go into the house for?

Brett. They asked me to go.

Q. Did you expect to go with them, and not to pay for it?

Brett. They ought not to have used me ill.

Q. Did you pay for it?

Brett. If I had not given her the money, I believe she would have murdered me.

Acquitted .

She was detained, being cast for transportation at Westminster, two or three days before.

431. (M.) Sarah Harris , widow , was indicted for stealing one pair of silver buckles, value 5 s. one stuff petticoat, value 2 s. three silver tea spoons, value 1 s. 6 d. one cloth cardinal, value 1 s. one apron, value 2 d. the property of Samuel Harbin , June 30 . ||

Samuel Harbin . I live at Bethnal Green. I hired the prisoner out of the market, the last day of June, my wife being sick; she had been with me one week: I missed my things on the 7th of July, (mentioning them by name); she left me at the time, unknown to me.

Elizabeth Harbin . I am wife to the prosecutor. We went to bed about 11 o'clock, on the Saturday night, and left her to fasten the doors, and come to bed afterwards: in the morning I missed her, and the things mentioned. On the Monday I met her in the street, with my apron, cardinal, gown, and petticoat on, which she pulled off and gave to me; she owned she had pawned the buckles.

Thomas Brook . I am a pawnbroker. On the 9th of July, I lent the prisoner 10 s. on the buckles. (The buckles and cloaths produced and deposed to.)

Prisoner's Defence,

A young woman was on the stairs, in my Mistress's house; she was frighted, and gave me the bundle; I carried them away, and put the cloaths on; I thought of carrying them back again.

Guilty . T .

432, 433, 434. (M.) Charles Smith John Hilliard , and John Pullein , were indicted, the two first for stealing nine linnen handkerchiefs, value 15 s. and three silk handkerchiefs, value 6 s. the property of persons unknown, and Pullein, for receiving the same, well knowing them to have been stolen , July 4 . ++

Thomas Barrow . About three weeks ago I had a search warrant to search Pullein's house; he lives in Chick-lane, and buys and sells old cloaths: I searched, and found 105 handkerchiefs; some were pinned up hanging at the door, and some up stairs.

Q. How came you to go there to search?

Barrow. Mr. Fielding had an information from the evidence, Hussey.

John Hussey . On a Wednesday night, about three weeks ago, I went along with the two lads at the bar, to Mr. Pullein's house, with twelve or thirteen handkerchiefs to sell; there were three silk ones among them; he gave us 12 s. for them all.

Q. Did you go in the day time to sell them?

Hussey. No, it was between ten and eleven o'clock at night; and sold them to him in the back part of the shop: there is a curtain divides the shop, and we sold them behind that.

Q. Had you ever sold him any before?

Hussey. Yes, I went two or three times before; he never made no scruple; he always bought them.

Q. How did you come by them?

Hussey. We got them in the Strand, out of gentlemens pockets.

Q. How long were you in getting these twelve or thirteen you speak of?

Hussey. We got them all in one night.

Q. How long have you been acquainted with the two lads?

Hussey. About a month.

Q. How came you to be taken up?

Hussey. Charles Smith was taken up, and in Clarkenwell bridewell; I and Hilliard went to see him, and we were stopped: they carried me before Justice Fielding, and he admitted me an evidence.

Mary Fross . I live in the house of Mr. Pullein, and have done, so before he came to it. I wash for him as a servant: I used to see these boys come to the house and sell handkerchiefs: the last time I saw them there, was about three weeks ago; they came between eleven and twelve o'clock.

Q. How many handkerchiefs might they sell that time.

Fross. I believe there were about twelve; he gave 12 s. for them: I came down while the boys were selling them; he never minded my seeing him; there were two or three silk ones, some cotton, and some linen. I have seen these boys several times come on nights; he never refused any.

Q. How many times may you have seen these boys with handkerchiefs there?

Fross. I believe ten times; I never went to bed till between eleven and twelve.

On her cross examination, she said, Pullein was a staymaker; that his wife looked after the shop; that he understood the buying and selling every thing in the shop, but linen for shirts: that she was taken up when he was; and then, and not before, she made this discovery: that when she was examined, and asked, if she knew the evidence, she said, no; not being willing to bring Pullein into trouble: but at last she owned to the truth.

William Langley . Charles Smith was in prison; he told the justice of the other two; and there was an order to stop them, if they came. They said before Sir John, they sold the handkerchiefs to Pullein: Sir John asked me, if I heard the words they said, and bound me over.

Edward Wright . This woman lodges in Pullein's house. The two boys at the bar, told me we might find 5 or 600 handkerchiefs there: we went, and found these here produced; there were some of them up stairs in a closet: I made his wife separate them; there were twenty-one silk ones, sixty-nine linen, and fifty silk and cotton ones. When Fross was taken up, she said Mr. Pullein made it his business to buy handkerchiefs of these boys. (The handkerchiefs produced in court.)

Smith's Defence.

I was so much frighted I did not know what to say; when I was taken up, the justice said I should be an evidence. I shall be sixteen years of age, the 29th of May next.

Hilliard's Defence.

Hussey and I went to Clerkenwell, to see Smith; they stopped us there, and carried us to Justice Fielding; he said we used to go picking pockets together: I never saw the lad in my life before.

Pullein's Defence.

The day before I was committed, this woman, Fross, (upon a soldier's having a summons for me, for buying a shirt, I was taken before Sir John Fielding ) offered her service to go and make affidavit, that I had no connection with the shop; she went there and swore the same, that what was done in the shop, was done by my wife, and not by me. What handkerchiefs are here, I bought of pawnbrokers, among 64 l. worth of things.

For Pullein.

Hugh Thompson . I heard Fross say, she must either transport her master, or be transported herself. I have known Pullein fifteen years; he has a good character.

Jane Morris . I live by doing needle work. I was at Mr. Pullein's house, on Wednesday, the 4th of July, from one o'clock, to almost twelve at night; I did not see Mrs. Fross there at that time: I was mending linen to wash the next day. I sat in the shop, and could see every body that came in or out: she lodg'd in the house, but was in her own room,

Q. Is there not a curtain goes a-cross the shop?

Morris. No, there is not.

Wright. There is a curtain to draw a cross the middle of the shop.

Sarah Bracy . I am servant to Mrs. Frankline, in Turnmill-street. Mr. Pullein bought as many goods there as came to 64 l. goods that were pawned and not redeemed; there were handkerchiefs among them, some silk, some cotton, some linen, and all sorts.

Q. Do you keep any shop-book?

Bracy. Yes.

Q. Did you put down what things were sold for that 64 l. in that book?

Bracy. I do not know: we book them when we take them in.

James Radford , William Commery , Joseph Prescot , James Hawst , Edward Cluton , and Joseph Atkins , gave him a good character.

Smith and Hilliard, Guilty , T .

Pullein, Guilty . T. 14 .

435. (M.) James Norton was indicted for marrying Mary Howell , July 19, 1761 , his former wife being then living, and in full life . ++

John Norris . I am clerk of the parish of St. John's, Wapping. (He produced a book.) This is the original register-book belonging to the parish; it appears by it, That one James Norton , and Mary Smith , spinster , were married there, on the 28th of June, 1758. I was present, and witnessed it; there was also another woman there; they were married according to the ceremony of the Church of England: I know nothing of the people.

Anne Bowyer . I know the prisoner at the bar. I was present at the wedding of the prisoner, to a woman that went by the name of Mary.

Q. Do you mean Mary Howell ?

Bowyer. I do not. It was about five or six years ago; I cannot tell to a year: it was at Wapping-chapel; I remember the clerk, that is witness here, was there.

Mary Howell . On the 19th of this inst. three years ago, I was married to the prisoner at the bar; he took out the licence at the Commons, on the 18th, the day before.

Q. Do you know the former wife?

M. Howell. I saw her about eighteen months ago; after which time, I would not live with him.

The register-book of the parish of St. George's, Middlesex, produced here.

"No. 57. James Norton , of this parish, batchelor,

"and Mary Howell , spinster, married by

"licence, July 19, 1761, by me, William Deverdoe ,

"curate."

Prisoner's Defence.

I went to the West-Indies, after I married Mary Smith , my first wife; she ran away from me: when I returned, I heard she was dead. After that, I went two other voyages, and when I came home, I heard she was married to another man, and had a child.

Guilty . B .

436. (M.) Margaret Ilive , spinster , was indicted for stealing a pair of brass candlesticks, two copper tea-kettles, a pewter pot, a wooden pail, a copper saucepan and cover, six pewter plates, and three knives and forks , the property of Henry Constantine , June 26 . ||

Henry Constantine . The prisoner is my apprentice : she is in the 17th year of her age: I lost the things laid in the indictment; (mentioning them by name) at different times; I keep a public-house : she had thrown a parcel of pewter pots down the bog-house, and had his some in the garret; this we supposed she did, in order not to have the scouring of them; and when we were about to chastise her for it, she then told us what she had taken before, and mentioned the taking a copper teakettle, by the instigation of an old woman; named Aspinell, who sold grey-peas about, and is mother to a woman that used to chare at our house; I really believe they drew her into this of taking the things away.

Guilty. 10d. T.

437, 438. (M.) James Lacey and Thomas Edwards were indicted, for that they, on the King's highway, on Philip Roper , Esq ; did make an assault, putting him in corporal fear and danger of his life, and violently taking from his person one gold watch, value 10 l. two knives, value 6 d. and 2 s. 6 d. in money, numbered, his property , June 27 . +

Philip Roper , Esq; On the 27th of June last, I was coming from Sadler's-wells, between nine and ten o'clock: on Tottenham-court-road , the coach was stopped, and the shutter was up on my side; a person said, Down with the shutter, and knocked at it with a stick: after a little time, I said, Gentlemen, have patience, and I'll let it down to you; I did, and there was a foot-pad on my side, and one on the other: he on my side said, D - n you, give me your watch, or you are a dead man; which, after denying it twice, I gave him; it was a gold watch, the outside case chased: he then demanded my money; I gave him 2 s. 6 d. after that, the other man came from the other side, after he had robbed the ladies, and said to me, D - n you, give me your purse, for I know you have one: I said I had none: he said, Sir, you are a dead man, if you don't give it me; he made me get up, and was going to search me; I said, Sir, I will not give you the trouble, I'll shew you my pockets. I took out of one pocket two penknives and two keys, which I surrendered to him, and said, the keys will be of no service to you, please to give me them again; he said, No, he would not; he would shoot me: then the other man said, Give the gentleman the keys, they will be of no service to us. He gave me one, and dropped the other on the ground; I desired he would pick it up; he said, Drive on, coachman.

Q. Can you describe the two penknives?

Roper. One is a buck-horn handle, with a broken point, and the other a tortoise-shell handle. When Lacey was taken, I saw him at Sir John Fielding 's, and he said he was in the robbery, and gave an account of it; he owned he took the penknives from me: (The knives produced and deposed to).

William Povey . I happened to be at Sir John Fielding 's, on the 27th of June, in the afternoon, and Sir John's clerk ordered me to call a coach, and drive on; and said, we will come to you: the two Bareav's, (two brothers) were in the coach with me; we went to meet the horse patrole upon the new road to Marybone; we had pistols and hangers: we went up two or three hundred yards beyond the Farthing-pye house; two men came up to the horses heads, and cried, Stop, Stop: they were by the coach door with pistols; Your money, your money; they never stood to see if we would give them any, nor no answer was given them; they fired into the coach directly, yet I received no damage, but Bareav had a ball through his hat; as soon as ever that man fired, I fired at him, and hit him; there was firing on each side the coach in a moment, and away they ran; I fired at Lacey: we jumped out of the coach, and ran after them; I catched him presently; I saw him stagger; we took him into the coach after he had run about two hundred yards. I saw the other man get over a bank, and run cross a field: I saw Bareav take a yellow watch out of Lacey's hands.

Lacey. I had not opened my mouth before I received a blow out of the coach, which took my right hand to pieces. When we came to the public-house, the Farthing-pye house, I asked for a handkerchief, two of my fingers being loose, and I wanted to wrap them together; the watch was then in my pocket, and I pulled it out immediately before them, but had not an opportunity of speaking, before they snatched it out of my hand, and said here it is.

Povey. When Lacey was knocked down, this pistol was found under his backside: (Producing a pocket-pistol).

Abraham Bareav . This gold watch I took from Lacey: (Producing a gold chased watch).

Roper. This is my watch; the same I lost that night.

Bareav. On the 27th of June, at night, I was at Sir John Fielding 's; I went with my brother and Povey, in a coach, as far as Marybone turnpike, to meet the horse-patrole; when, about three hundred yards beyond the Farthing-pye house, I saw Lacey and Edwards come out of the fields, by the side of a rail, to come up to the coach; Edwards damned the coachman, and bid him stand; one came to one side, and the other to the other: he cried, Your money, your money, and immediately fired, and a ball went through my brother's hat: Edwards took a stick, and beat the coachman terribly; my brother put his hand out, and had it almost broke: when they ran away, I slipped down from a bank, and Lacey got upon me, and held a pistol to my head, and said I was a dead man: then assistance came, and he cried, Have mercy, and said, if you go over the ditch, you'll find the other man. We took Lacey to the Farthing-pye house; there he took out the gold watch, and laid it down on the table, and covered it with his handkerchief: I said, hold, there is a watch, and took it out of his hand. Edwards was on my side of the coach; my brother put his pistol close to Edwards, and fired powder in his face. When we were at the round-house, Lacey desired us to go to Tavistock-court, and at a Baker's shop, there we should find Edwards, who kept a whore there, when we came there, the woman said, he had been there, and ran away without his hat; she bid us go to such a place, and we should hear of him: we went to Lacey, and he told us: we found him in bed, and brought him down; this was in Strutton-ground, Westminster. We searched him, and found nothing upon him, but these two penknives here produced: I saw marks of powder on the left side of his face; it was almost full of powder, and his eye was bloodshot; there was a scratch on his face as if done with a shot.

Q Are you certain that Edwards was one of the two men?

Bareav. Upon my oath, I am sure he is the man that presented the pistol into the coach.

Q. What time was this?

Bareav. This was ten at night, or a little after, and a rainy night: it was not so dark, but I could see him very plain, as he came over the fields; and when he came up to the coach, I could see him plain enough: he d - d the coachman, and bid him stop, and fired into the coach, as soon as he got to the door: I fired after he did, and my brother fired in his face; I took particular notice of them both, and did not fire till they had fired.

Edward Wright . I am one of the patroles belonging to Sir John Fielding . When Lacey was taken, he told us where we should find Edwards; we went and waited about till morning; then I went up stairs, and found him in bed; I held a pistol to his head, and said, you must go along with me; before he put on his breeches, I put my hand into his pocket, and took out these two knives here produced: I asked him whose they were? he said, they were his own. I said, what do you do with them? he said, they served to cut his nails. I happened to hear the gentleman talk of knives afterwards, then I told Sir John I took two knives out of Edwards's pocket: Sir John bid me produce them, which I did, and the gentleman said they were his. As soon as I went into the room where Edwards was, I saw his face had powder in it, and his eye was bloodshot, and something had graz'd along his face: the constable was by, when I took the knives out of his pocket. Lacey owned the whole affair, and told us where to find Edwards.

Q. to Prosecutor. Did you observe Edwards's face, when you saw him at Sir John Fielding 's?

Prosecutor. His face was black when I saw him there.

William Smith . I was sent on this occasion to apprehend those people: on the 27th of June, I went out on horseback, as far as Marybone turnpike, and through Paddington. Before I got to Marybone turnpike, I heard a noise in Marybone fields; I said to the turnpike-ma n, is any thing the matter? he said, I am afraid there is, for I heard three or four pistols go off. Mr. Povey, the constable, came to me, and said, we have got one of the thieves in the coach, which was Lacey; we brought him to the round-house, and he informed us that Edwards kept a girl in Tavistock-court: we went there, and found he was gone; then Lacey told us he lived up two pair of stairs, at the Half-Moon, in Strutton's-ground; we went, and staid till the people got up; then we went into a two pair of stairs room backwards; he bounced out of bed, and we took him directly; one of his eyes was very much bloodshot, and swelled up, and powder was about his face; when he began to dress him, Mr. Wright clapped his hand on his left breeches pocket, and brought out two penknives, and a key; I gave him the key again: he dressed himself: we searched him, and tied his hands, and brought him to the round-house; one of the knives was a buck-horn one, and the other a plainish handle: when we brought him down stairs, he had never a hat on, and he borrowed a hat to come in. (The penknives produced and deposed to by the Prosecutor.

Lacey's Defence.

I was so unhappy to be persuaded to go out that night; we met that honourable gentleman in a coach; I stood by the coach, in order to bid them stand: Edwards went up to the coach, and demanded what they had; I went up to one side of the coach, and begged of the gentleman; he said he had given what he had, and the two ladies said they had given what they had. I said to Edwards, for God's sake don't make a noise, but come away: then I believe 'Squire Roper delivered two knives, and a key or two; and said, don't take the keys, they'll be of no service to you; I delivered one key, but could not see the other: then the coachman drove on directly, after I begged of Edwards to come away. The coachman drove on towards the town; then we crossed the fields, in order to go to town; that was my intention; I beg'd of Edwards to go to town. As there had been a great noise and disturbance, I was afraid there would be some pursuit after us; we stood by the farthing pye-house some time: there was a coach went along; we thought it was going to town; we were going the same way: I knew no other than that it was an empty coach, I thought of going to town with it: I no sooner got up to the coach but I received a fire, which tore my hand to pieces. God knows I then thought it was a hard set upon us; I stood a moment or two: they ordered the coachman to drive on; I imagined we were attacked by officers, who were coming to seek for us, to bring us to justice; then I was taken directly and put into the coach, and taken down to the ale-house. I found I was left alone, to the unmerciful weapons they had about them. I could not defend myself in any shape. I voluntarily told where this unhappy young man was: I went to the round-house, a surgeon was sent for, I had two fingers taken off, and my hand drest that night; the next morning I was brought before Sir John Fielding : what I said then, God Almighty knows, I can't remember from the agony I was then in. I beg of the court and judges to be merciful to me, that the latter end of my life may atone for what I acted that unhappy night.

Edwards's Defence.

I know nothing of the affair, I have some witnesses here.

For Edwards.

Matthias Darley . I have known Edwards some years.

Q. What is his general character?

Darley. It is a very good one.

James Balinger . I have known him from his infancy; I never know any thing of him but that of a good character.

Thomas Field . I have known him upwards of three years, and always looked on him to be an honest man; he is a sadler, and his wife keeps a hosier's shop.

Mr. Biffin. I have known him six years and upwards; I always found he bore an exceeding good character; I have trusted him in my shop many times; I never knew any ill by him.

Mr. Bannister. I am in the tea-way; he often came to our house; we have had, it may be, an hundred pounds on our counter when he has been there; I never knew any ill by him; I never saw him in liquor in all my life.

Mr. Johnson. I have known him about two or three years; I never heard any ill of him before this, in any respect. I have spent many an evening with him; and I have seen him with people of great reputation and worth; I never suspected any such behaviour as this.

Mr. Baker. I have known him five years or upwards; he has a very good character, as far as ever I heard or saw.

Edward Smith . I have known him four or five years; I never heard any single fault of him, with regard to his character, but that he was a very honest just man; he is a sadler by trade; his friends are worthy people.

Thomas Hughes . I have known him between five and six years; I never heard any thing against his character; he is a free-hearted civil lad.

Daniel Reney . I have known him several years; he bears a very good character; I have been in company with him several evenings; he always behaved like an honest civil man.

Robert Desbrough . I have known him better than twelve months; I never heard any harm of him in my life; he has a very good character.

Both Guilty . Death .

439. (M.) Catherine White , spinster , was indicted for stealing a silver watch, value 4 l. one watch string, made of gold and silver, value 10 s. and one brass watch-key, value one penny, the property of David Mechard , privately from his person ; and Thomas Flaharty , for receiving the same, well knowing the same to have been stolen , May 28 . ||

David Mechard . I am a gold and silver orrace-weaver , in de French way, and live in King-street, Seven Dyal .

Q. Are you a house-keeper?

Mechard. No, I am a lodger; I never did know Catherine White , only dat time she robed me. She happened to come one night to my room, and picked my pocket.

Q. How came she to come to your room?

Mechard. I don't know.

Q. Did she pick you up, or did you pick her up?

Mechard. I cannot tell wider she pick me up, or come by misfortune into my room; I cannot be positive of dat.

Q. Perhaps you cannot be more positive about her picking your pocket. What say you?

Mechard. I beg your pardon, my Loord.

Q. Did you pick her up, or she you?

Mechard. Inded, my Loord, I tink she did pick a me up; it was not dat I would medle wid her.

Q. Tell your own story?

Mechard. I went out after ten, after I had had my supper, to spend my evening vit my acquaintance; I met as lady, as I never saw in my life; only I go back: I was not von quarter of an hour. I had no good opinion, nor no bad; only I had a foolish vancy.

Q. What was your foolish fancy?

Mechard. My Loord, I beg your pardon; I did not carry her to my loshing, she did come along vitt me.

Q. How many rooms have you?

Mechard. I have only von room in my loshing.

Q. You have a bed in it, have you not?

Mechard. I have, and I have half a doozon chears.

Q. Then I take it for granted that you sat upon a chair together.

Mechard. No, de bet vas down, and ve sat down upon de bet; she ask me vat vould I make her a present of? said I, I don't know, I am a tradesman, it does not signify vider I use you or not. I said I have a chilling; I did give her a chilling; afterwards she say, I have got a husband of my own, and if I don't go home he'll lick me: I say, if you have a husband, go home; vat business have you here? go down, or I'll kick you. I am very certain she had picked my pocket ten.

Q. How can you be certain of that?

Mechard. Ven I vas down upon de bet, I did feel my vash in my pocket; I go and feel in my pocket ven she go away, my vash vas gone, and no body vas in de room but I.

Q. Are you sure you had not given her your watch?

Mechard. No, mine Loord, she vill not say no such ting; she say her husband vill lick her and use her ill: I open de door, and say, Get away, don't make no noise.

Q. Did you ask her for your shilling again?

Mechard. No, mine Loord, no, no, no; I believe she vas no farder den in de street ven I miss my vash; I ran after her, and she vas gone; I did spend more money as two or tree vashes, to see for her; dat vas made me a present of by one dat I had very great regard for. I vent about to know where dat vash vas to be found; so by good lutt I did hear vere it vas: I found vere de girle did live; I went to worship Velch.. and got a varrant and took her. The vash vas found upon Thomas Flaharty .

Q. How do you know it was found upon him?

Mechard. I know dat, because he deliver de vash himself. I never did know dis man had de vash till I did took de girl.

Q. From Fleharty. Did not I bring the watch to Justice Welch, after I heard Catherine White had taken it?

Mechard. After I vas vitt two constable, and ran after him de day; after he come himself, after I had taken a varrant against him.

Q. What is Flaharty?

Michard. He is a barber and perrvig maker I vent to dat street vere he lodged; de prisoner saw de constable come in vitt dat girl; and I did ask him if he know dat girl, he vent off, and turned as vite as paper; one of my friends ran and fetch another constable, den he run avay again.

Elias Northelia . When this watch was talked of, and the prosecutor was going to justice Welch in order to prosecute the woman, the landlady of the house desired me to go with them, as I could talk French; I went, there came two men; one of them stepped up to the prosecutor, and said, are you willing to have your watch again? he said, yes. Said he, if you'll go along with the woman, I'll go over to the White-hart, and you shall have it immediately. I said, you are not to compound felony upon no account; you ought to acquaint the justice of what you are proceeding about. Then the man at the bar was asked, if the watch was in the same condition it was when he first had it? he said it was; he had delivered it out of his pocket. as I was informed, when they went to fetch him from the round-house, to the keeper of the round-house of St. Giles's, before he came to the justice's. It was produced; there was a dirty black string upon it; and afterwards he owned he had put the gold and silk string upon a watch of his own, that he had been robbed of; the prosecutor described the watch before he saw it.

N. B. The LAST PART of these PROCEEDINGS will be published in a few Days.

THE WHOLE PROCEEDINGS ON THE King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery FOR THE CITY of LONDON; And also the Gaol-Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 25th, Thursday the 26th, Friday the 27th, and Saturday the 28th, of JULY.

In the Fourth Year of His MAJESTY's Reign.

Being the Sixth SESSION in the MAYORALTY of The Right Honourable William Bridgen , Esq; LORD-MAYOR of the CITY of LONDON.

NUMBER VI. PART II. for the YEAR 1764.

LONDON:

Sold by W. NICOLL, in St. Paul's Church-yard.

[Price SIX-PENCE.]

THE PROCEEDINGS ON THE

King's Commission of the Peace, Oyer and Terminer, and Gaol-Delivery, held for the City of LONDON, &c.

John King . I AM round-house keeper of St. Giles's; the man at the bar was brought to the round-house: I took this watch from him for safety, by Justice Welch's order; he said he gave a woman 25 s. for it.

Q. Did you know the prisoner before?

King. I did, I am afraid he keeps a very bad house, and harbours a very bad pack of women; he lives in Diot-street, St. Giles's. [The watch produced, and deposed to by prosecutor, to be the same he was robbed of the might the woman was in his lodging.]

King. The prosecutor came to see the watch; I told him he should not till he told some particular marks; then he told me the name and number; I opened it, and found it as he had said; he said, when he lost it there was a gold and silk string to it.

White's Defence.

I am an unhappy girl of the town; the gentleman was going home; he asked me, if I would go with him to his room: he made a bargain to give me a crown; he had no money, so he gave me his watch; he was to come the next day for it, and to give me the crown: I had been with him before that night; he knew very well where I lived, having been with me at my lodgings at Flaharty's house. I did not tell him I was married; I am no married woman. I staid with him an hour; I kept the watch a fortnight, and he not coming for it, I got a little money upon it, because I wanted it, of my landlord. I have lodged at Mr. Flaharty's house about twelve months; I owed him 4 s. and I paid him that out of a guinea which he gave me for it.

Flaharty's Defence.

She told me she had such a thing, that a gentleman owed her some money, and as he could not pay her, she was going to summons him to the court of conscience; she desired me to let her have some money upon it. I being quite innocent, lent her some money; I defy any one to say that I ever wronged them of the value of a pint of beer. I never knew that she had a man up in a room in my house; though I am often out bleeding, drawing teeth, and shaving people.

For Flaharty.

Eacklin Mitchel. I am a chandler and grocer; I have known Flaharty eight years and upwards; I always found him very honest in his dealings; he is honest in that shape: I never was in his house but once, he lets lodgings.

Tobias Philben. I keep an eating-house in Shoreditch; I have known him seven years; what dealings I have had with him he always paid me for very honestly; I never heard any bad character of him before this.

Catherine Magennis . I have known him nine years; he lived three years in the house I do; he paid me seven guineas a year for his apartment. I never heard any thing against him, except this foolish thing.

Q. What is his general character?

C. Magennis. I never heard any thing against him; but if there was any riot, he would take and give them a box or a douse.

Q. What sort of a house does he keep?

C. Magennis. I never saw any thing but peace and quietness by him.

John Murry . I live in Church-street, St. Giles's: I am a dealing man in Leaden-hall market, in buying fowls and rabbets: he had an under part of a house with me, for 3 l. 12 s. per year; he always had a good character. There is no woman at all lodges in his house, that ever I saw.

Jenny Murphy . I have lived in his house two years, in the capacity of a servant, at 4 l. a year; he has a very good character in the neighbourhood.

Q. Do you know Catherine White ?

J. Murphy. I do; she used to go in at night, go to bed, and pay for her lodging, about nine o'clock.

Q. Do you remember her bringing any men there?

J. Murphy. No, I do not.

Q. Did you never see the prosecutor there?

J. Murphy. No.

Elizabeth Belton . I live in Diot-street, next door to the free-school, almost facing the prisoner's house. I am no way acquainted with him: he has behaved exceeding well; I never saw him in liquor but once; all the neighbours, that are of credit, give him an excellent good character. I never spoke three words to him in my life; he works very hard, and keeps a very quiet house.

Elizabeth Girdler . I keep the Maidenhead-Inn. I know neither good or bad of his character; I I never was in his house in my life.

Edward Riley . I have known him four years; he bears as good a character as any man in his station.

Q. Where do you live?

Kiley. I live in King's-Court, Covent Garden; I let out lodgings.

White, Guilty of stealing, but not privately from his person . T .

Flaharty, Guilty , T. 14 .

441. (M.) John Taylor was indicted for stealing twenty-one pounds of lead, value 3 s. the property of Daniel Avelling , fixed to the dwelling house of the said Daniel, did rip, steal, and carry away, July 2 . ||

Richard Burt . I am foreman to Nicholas Vass , a bricklayer in Drury-Lane; the prisoner worked for him: I was sent for to Justice Welch's, on the 22d of June, and asked whether the prisoner worked for Mr. Vass. I said he did: he was there examined, and owned he stole a piece of lead from the house of Mr. Langford, the auctioneer. I was sent to measure it, and found it sitted the place from whence there was some gone, by the side of a sky-light. The house is the property of Mr. Avelling.

Joseph Gray . I keep an old iron-shop, in Parker's-Lane; on the 2d of this instant, between eleven and twelve at night (I was gone to bed) the prisoner brought this piece of lead, and got leave of my servant to let him leave it in my yard 'till morning: the next morning he came, as I was opening the shop; I judged it was stole; I told him, if he would bring any sufficient person to prove he came honestly by it, I would give him a market price for it, if not, I should detain that and him too; after that came the officer down the lane; I charged him with the prisoner; he was taken before Justice Cox; there he owned where he took it f rom. There is about 3 l pounds of it.

Prisoner's Defence.

A bricklaver, named Andrews, desired me to go and sell it for him, and bring him the money the next morning.

Guilty . T .

442. (M.) Thomas Preston was indicted for stealing a silver watch, value 30 s. the property of Thomas Flaharty , June 20 . *

Robert Ridall . On the 21st of June I had a warrant granted me against the prisoner, for taking a watch away, the property of Thomas Flaharty ; he denied having any watch about him, both before and at Justice Welch's: Mr. Welch ordered me to search him, and I found this watch under his armpit (producing a silver watch); the man that lost the watch is now in Newgate, for receiving stolen goods, and cast for transportation for fourteen years.

Thomas Windsor Allen. This is Mr. Flaharty's property: in May 1763, I cleaned and mended it for him, and had four shillings for doing it: when he had lost it he came and told me of it; the constable had him in custody at the same time: this was about five weeks ago.

Prisoner's Defence.

I had the watch, the night before this gentleman lays he took me, of a seaman that came from Vortsmouth; I lent him a guinea upon it: after that, Flaharty came to my shop, and said I had robbed him of his watch.

Guilty . T .

443. (M.) Sarah Watkins , spinster , was indicted for stealing a five and three-penny piece of gold, and 13 s. in money, numbered , the money of Samuel Wytt , July 22 . ++

Mary Wytt . My husband is named Samuel; we keep the Nag's-head, in Hedge-Lane : the prisoner came to live with me as a servant , last Saturday about noon: she told me she was very poor, had suffered a great deal, and had pawned her cardinal: I told her, if she was good, and behaved well, I would let her have money as it came to be due; she lay on a mattress in the same room I did: I laid my pocket by my bed-side, with this money in it, the same side she lay; there was in it 18 s. and 6 d. a great many halfpence, and a five and three-pence. This was on the Sunday night; in the morning I lost one of my shoes; I found that under her head: about eight in the morning a man came in for some change, then I missed my money; I turned round to her, and said, Poll, give me my money; she began to treat me with ill language; a gentleman came into the house, and desired me to go to Justice Cox for a warrant; she turned out some rags and ribbons, and said, that was all she had about her; I staid 'till near twelve: she insisted upon going before Justice Welch; he ordered her to be searched, and the five and three-pence was found wrapped up in a ribbon, in one of her pockets; she said she had no more: then the justice ordered her into a room, and a woman to search her, and we found the rest of the money upon her; there is a particular half crown, which I could swear to; it has a scratch goes from the nose, on the head-side. The constable took all the money, being fourteen shillings, a French farthing and some halfpence.

Q. Did you lend her any of this money?

M. Wytt. No, I never lent her a farthing.

Elizabeth Wood . After the five-and-three-penny piece was found, Justice Welch ordered me to search the prisoner: I did; and I found the rest of the money in her private part. Mrs. Wytt mentioned a remarkable half crown was among it, before I took it out, and a French farthing, and there they were.

William Marsellas . I am constable. (He produced the money.)

Prosecutrix (takes up a half crown). This is the half crown I mentioned: it was inspected by the jury.

Marsellas. I was by when the money was found upon the prisoner.

Prisoner's Defence.

I am lately come from the country; Mr. Nicholls recommended me to the place; I was there one night; a gentleman came and offered me five guineas for my body, and she was willing I should take the money: I brought this money to town in the tail of my smock, fearing I should lose it; she was angry with me, because I would not lie with the man, and I gave her warning: she keeps a very bad house.

M. Wytt. I keep an honest house; I gave 120 l. for the lease; it is a public house.

Guilty . T .

444. (M.) John Haselgrove was indicted for stealing one linnen shirt, value 10 s. one china punch bowl, value 5 s. and one muslin neckcloth, value 1 s. the property of Griffith Owen , July 2 . *

Griffith Owen . I live at Sunninghill-Wells: on Monday, the 2d of this instant, between eight and nine in the morning, I went into my garden; there were three or four gentleman's servants standing by my fish-pond side: they asked me the reason of the water being so muddy? I seeing my net hanging wet and dirty on the pales, suspected my pond had been robbed. I keep the inn, and sell fish, when gentlemen want any. I enquired of my servants, whether any body had wanted any fish before I was up? they answered, no. I sent William Bromley after the stage to London, to see if any fish had been convey'd away; he came back, and said he found the prisoner at the White-Horse Cellar, in Piccadilly, and with him a hamper; that, upon examining it, he found five brace and a half of carp, and a bundle; I went to London about a week after, and found the bundle at the White-Horse-Cellar, in it was a shirt, a neckcloth. and a China punch-bowl; I believe the bowl and neckcloth to be mine, but as to the shirt, there are the initials of my name upon that, I can swear that it is mine; it is a remarkable punch-bowl, I lost such a one at that time. The prisoner had been a waiter at my house the time of the races, from Sunday to Sunday, and went home that day.

William Bromley . I live at Sunning-hill; Mr. Owen sent a man and horse to my house, the 2d of this instant, being the Monday after the races, about nine in the morning, with an order to take a horse, and ride after the Reading machine, in pursuit of the prisoner at the bar, (I had seen the prisoner there all the week before) he suspected he had robbed the fish-pond. I took a horse, and rode to Hounslow; there I had a fresh horse, and made all the expedition I could: just by the New White-Horse-Cellar, in Piccadilly, I saw the prisoner in the street; I hung my mare and went in; I called for some beer, and said we will drink together. I drank with him, on purpose to keep him quiet 'till a constable could be sent for; I sent two or three porters out for a constable; they brought me word they could not get one: the prisoner wanted to go over the way; then I told him he must not go, for I had a suspicion he had robbed Mr. Owen. I sent to Justice Welch, and he sent two men; they tied his hands, and called for a coach: I asked the landlord if the prisoner had brought any thing; he said there was a hamper in the cellar, which was ordered to be brought up and searched; there was some fern at the bottom, with a bundle tied up in a handkerchief, and five brace and a half of fish, very large ones; (five pounds a brace) the landlord of the house will tell how it came there. The hamper was put into the coach, and carried to the justice.

Abraham Hatchet . I belong to the White Horse-Cellar, in Piccadilly: this bundle ( producing one) has been in my custody ever since; it is now in the same condition it was when I received it. (The prosecutor deposed to the shirt, as his property.)

Q. to Bromley. Who was the hamper directed for?

Bromley. For one Smith: Mr. Welch ordered the prisoner to write on a sheet of paper, where he lay last night, and his name; this was in order to see if the writing was alike.

Q. to Hatchet. Do you keep the White-Horse-Cellar?

Hatchet. I do; this hamper was brought in the basket by the Reading machine. The direction on it was for one Smith; the hamper was taken out by the coachman: I was present at the time.

Q. Did the prisoner claim that hamper?

Hatchet. He said there was a hamper to be taken out; it was delivered to my servant, Jonathan Howard, in my presence: the prisoner ordered the hamper to be taken care of. Some people had sat upon it in the basket behind, and put it out of its form; my servant put his knee against it, in order to press it into its form again. The prisoner said, take care, there is china in it, then he ordered it to be taken down into the cellar which is used as a warehouse for goods that come by the machine; then he went out of the house, with the coachman, and I followed him; the coachman asked me for the carriage of the hamper. The custom is for me to pay, and to receive the money again: the prisoner said, he would pay the shilling, because he knew the person it belonged to; he paid it. When Bromley came, he asked what goods we had come by the Reading machine? I told him. I went with them to the justice, and was at the opening of the hamper; this bundle was taken out: I took off the direction from the hamper, here it is, name Smith. Upon examining the bundle, we found these things, here produced, in it; the prisoner said he knew nothing of the shirt, bowl, or neckcloth.

Prisoner's Defence.

Coming down with the Reading machine. I saw, a basket; I believe the coachman took it up at Sunninghill-Well tap-house; the man of the house hollowed to him, and desired him to stop, and sa there was a hamper left there, in order to come to town; that is not the house where Mr. Owen lives. The coachman stopped in the road, about fifty yards from the door: as he was putting it up, I saw it was directed for one Smith, to be left at the White-Horse-Cellar till call'd for; he put it be hind, in the basket, where there were about four or five passengers, they sat down upon it. I knowing one Smith, that had some dealings at Ascott, the race week, thought it belonged to him; I had but very little acquaintance with him; he and I were fellow-servants about a week, at Epson races, about three weeks or a month ago: I told the passengers I believed I knew who that hamper belonged to; I imagined it was full of glusses or china: the coachman was kind enough, upon that, to desire the passengers to take care of the glasses in it. When we came to the White-Horse-Cellar, it was taken down; the coachman asked me, as I knew Mr. Smith, if I would take it to his house. I said I did not choose to take it; let them put it in the warehouse till he called for it: I said, I did not know where he lived; then the coachman and I went into the house, and sat there about half an hour, and drank two or three pots of beer. Looking through the window, I saw Mr. Owen's man riding past; I ran out after him about fifty yards, and asked him if he would come and drink; he said, he was going into Cheapside; after that, he said, he was going into Fleet-street; there we sat; I was a going, after that, over the way to a gentleman of Hounslow; I saw him go in there: he said, sit down; I said, I shall not stay: I did not know what he was about then, or I had taken it away before: he bid me sit down, and said, I'll be ingenuous with you, and tell you what I came about; we had drank three or four pints of negus: he sent for a constable, and I was taken before Justice Welch; the hamper was opened; I had no more suspicion of what was there, than your lordship; there was a bundle: Mr. Welch asked me where this Smith was, and who he was; I said, I did not know his Christian name, nor where he lived; and if I had brought myself into a premunire, it was unknown to me.

For the Prisoner.

George Keen . I have known him three or four years; I never knew or heard any bad character of him; I have seen him in very creditable company.

Joseph Thompson . I have known him ten years: I keep the Saracen's head coffee-house, in Mansel-street; he lived servant with me; he has a very good character.

Mr. Horniblow. I am a servant: I have known him about five years: I was at Hampstead races; he was my servant there; he behaved very honest and civil.

Mr. Lyon. I have known him four or five years; he is looked upon as an honest man; that is his general character.

Francis Pratt . I have known him three or four years; and have employed him: I know nothing of him but that of an honest man. I live with Mr. Sims at the Bedford-head.

Thomas King . I keep a tavern in Goodman's Fields: I have known him five or six years; I always looked upon him to be a very honest man.

Jenkin Morris. I am a victualler, in Hungerford market: I have known him about four years; his character in general has been a very good one.

Charles King . I live in Hudson's court, in the Strand: I have known him between five and six years; he has lodged in my house; I never knew nothing of him but that of a very honest man.

Mr. Gawthwaite. I have known him about four years; he has a very good character; I never heard to the contrary.

Mr. Cogan. I have known him about four years; I never heard any ill of him before this.

Mr. Dowling. I am a house keeper, in St. Martin's parish: I have trusted him with things, and found him just and honest; his character is nothing but what is good.

Mr. Stafford. I am a housekeeper, in St. Martin's parish: I have known him six years; he has a very honest character; I would trust him with any thing.

Prosecutor. I would beg leave to recommend him.

Guilty of stealing the shirt only , T .

445. (M.) Thomas Etridge was indicted for stealing one cloth coat, value 10 s. and one hat, laced with silver, value 4 s. the property of our Sovereign Lord the King , June 19 . *

John Lockhart . I am a soldier. I was asleep, on the 9th of June, at the Swan in Tottenham-court road ; in which time my coat and hat were taken away; I know not by whom: they were taken out of a tent. ( The coat and hat produced.)

George Duncan , a serjeant, deposed, the coat was delivered to Lockhart to wear; his name being upon it: and that the hat was a regimental hat; but could not be certain whether it was Lockhart's.

Thomas Harper . I am a constable. On the 19th of June I had a search warrant brought me; I was on my duty; and between twelve and one o'clock in the morning, I met the prisoner at the bar, in Church-lane, St. Giles's with a hat; he seeing me coming, ran cross the way; I went and took hold of him, and this hat lay on the ground by him: I and the watchman went to the place were we first saw him; the watchman found the coat lying in the street: we took him to the watchhouse, and before Justice Cox the next day: I took this buckle out of his pocket. (Producing one.)

Lockhart. This is a regimental buckle; I lost mine, shoes and all; but I cannot swear to it.

Prisoner's Defence.

The night I was taken my mother was brought to bed; she sent me down stairs; there came up a brewer's servant with a bundle; he said, if I would stay with the bundle, he would give me a halfpenny; I gave information of this to the round-house keeper. I lately bought them buckles, having none in my shoes.

Guilty, 10 d. T .

446. (M.) John Morris was indicted for stealing two iron shovels, value 2 s. and two hay-forks, value 1 s. the property of John Kennin , Esq ; July 22 . *

The prisoner had been a hay-making at Woodcock-hill farm, for the prosecutor; he was taken at Marybone, with the two shovels upon him: upon being examined, he confessed he took them from out of the prosecutor's premisses, and had sold the forks coming along.

Guilty . T .

447. (M.) Judith Burn , spinster , was indicted for stealing nine guineas , the property of James Shoesmith , July 15 . *

James Shoesmith . On a Sunday night I had a pint of beer at the Running Horse, Tottenham-Court-road, about nine in the evening; there was the prisoner; I never saw her before.

Q. Was you sober?

Shoesmith. I was; she asked me to go along with her; we went to a lodging house by Diot-street ; I undressed myself, and had not been in bed half an hour, before I felt her take my money from out of my breeches, under my head: she was in bed with me; she said, if I would lie still till morning, and make myself easy, she would give me my money again; and that I should find it about the bed. I never had a wink of sleep all night; we got both up; I kept her in hold all the time: she found six guineas, and put three into a woman's ha nds that lay just by us. The six guineas the constable has; she would not give it me; the constable took it out of her hand: I don't know what is become of the other woman.

Thomas Willson . I am constable. I was sent for by the man that keeps the house where they lodged; they were in a cellar, and the door was locked without side: he had heard the man call, and say he had lost nine guineas: when I came, he opened the door; I went down; the prosecutor said, he had lost nine guineas; there were the prisoner and another woman; he charged the prisoner; I searched, and found six guineas in her hand; I asked her where the rest was; she said she saw no more: I carried her to St. Giles's Round-house; this was between three and four o'clock. I did not search the other woman, because the man said she had not been nigh him. After the prisoner was in the Round-house, I saw the other woman come to her with a pot of beer; then I kept her there: she swore she never saw the money: I let her go; and took the prisoner before Justice Welch: there she said the other woman had the three guineas: then I went to see for her, and found she was gone off.

Prisoner's Defence.

I happened to come to that house; the man asked me to drink: he got up, and asked me to go along with him to the door; I did, he asked me to go home to bed with him; and said he lived just by: he carried me down into a cellar; I did not know he had a farthing in the world; he said, come, let me look at my money; he pulled out six guineas, and put them in my hand; which I gave him again: he said he had lost three; there was another woman in the same bed; she never was out of it; she did not get up when we did.

Q. to Prosecutor. Did you deliver her the money?

Prosecutor. No, I did not. She got it, and I could not get it again: I offered her a guinea, if she would give it me, and she would not.

Guilty , T .

448. (L.) Francis Caviac was indicted for stealing fifty printed pamphlets, called magazines , the property of Richard Baldwin .

To which he pleaded Guilty , B .

449, 450. Daniel Watson and John Griffin were indicted for stealing eighty-five copper hoops, for half barrels of gunpowder, value 20 s. a brass screw, and seven brass hooks , the property of his Majesty . July 18 . ||

Thomas Harrison . I live in Houndsditch, and am a brasier. The two prisoners came to my shop, on the 27th of June, and brought forty-five copper hoops, seven brass hooks, and a screw; I never had seen such before, being but young in trade: I gave them 9 d. a pound for the hoops, and 7 d. a pound for the other things; the day after a gentleman said they were stole, and shewed me the King's broad arrow upon some of them, which I did not see before. They came again on the 18th of July, with fifty-three more copper hoops; I weighed them, and kept them in discourse, while I sent my maid out for an officer; she not meeting with one, I said they must come again to-morrow. Last Friday they came into my neighbourhood, and were taken up in Gravel-lane: they were taken before my Lord Mayor; there they said they found them in a bush. (Produced in court.)

Mr. Furnis and Mr. Dalton, officers belonging to his Majesty's stores, deposed, there were hundreds of copper hoops, which belong to the powder magazine at Greenwich missing, of the same make and sort, the property of his Majesty; and that the prisoners were two matrosses, whose business it was, in their turn, to watch the magazine.

Watson's Defence.

Griffin is my comrade; he came and told me a young man had shewn him a quantity of such things in the field. About a month after we went that way, and saw them lying there; and as we could neither write nor read, we did not know the broad arrow; we thought they were as lawfully ours, as any body's else.

Griffin's Defence.

I was walking on the bank, and a young man gave me a call down to a hedge; he said he had found a parcel of things; I saw them, but did not remove them; they lay there a month after; then we thought we might sell them.

For the Prisoners.

Nicholas Clancey . I was on guard at Greenwich, about five weeks ago: when I came from guard, I took a walk in the field; I saw this parcel of hoops lying in a bush; I called Griffin, and shewed them to him: I took no more notice of them; and what became of them I do not know; they had green leaves over them: this was just behind the guard room, in the hedge.

Charles Barnet . The two prisoners have served five years in the regiment; they always bore good characters. I know the place the other witness speaks of; I came from guard yesterday morning, and examined the bushes; there were none there, as I saw.

William Pemble . Watson lived with me as a servant; he always behaved well: he was married on the Thursday, and taken up on the Friday.

Both Acquitted .

451. (L.) Francis Crook was indicted for stealing a diamond ring, a silver seal, a silver marrow spoon, a silver punch ladle, a silver punch strainer, a silver cup, a silver tea strainer, a pair of silver tea tongs, a silver candlestick, six silver table spoons, a silver soup spoon, a pair of silver shoe-buckles, a pair of silver knee-buckles, a pair of silver clasps, a pair of silver shirt buttons, a pair of silver studs, a silver bodkin, two silver thimbles, a cloth coat, a cloth waistcoat, a pair of cloth breeches, a pair of velvet breeches, a velvet waistcoat, a silk waistcoat, three pair of stockings, six pair of cotton stockings, two dimity petticoats, four silk gowns, a quilted callimanco petticoat, a pair of silk shoes with gold lace, a pair of stuff shoes, four cotton bed-curtains, a cotton bed-tester, a bed-quilt, a cotton counterpane, four bed-blankets, eighteen napkins, six table-cloths, ten sheets, six pillowbiers, a tortoiseshell snuff-box, a stone snuff-box, a pewter water-plate, ten pewter dishes, twelve soup-plates, seventy-two pewter plates, an iron jack, two brass senders, a brass mortar and pestle, six brass candlesticks, two looking-glasses, two box-irons, four flat irons, two brass arms, one long-lawn apron, one cambrick apron, two linen aprons, two lawn handkerchiefs, four silk handkerchiefs, two pair of linen ruffles, four linen aprons, four shifts, three printed books, some remnants of silk, a moidore, and 22 s. in money, numbered , the property of Martha Adderley , widow , October 9, 1762 . ++

Martha Adderley . Francis Crook took the Crown Tavern at Cripplegate . I wanted an apartment to put my goods in; so I had two rooms at that house. He was to have workmen come to repair it; he desired me to go to Mr. Denton's, in Grey's-Inn-lane, where he had a lodging, to lie with his wife: he said he would take care of my goods; I thought my goods were very safe; I carried them to the Crown Tavern: this was about March, 1762.

Q. What things did you carry?

M. Adderley. I carried a clock and case, a bureau chest of drawers, a bed and bedding, and the things mentioned in the indictment: I put them into two rooms, that I was to have, when they were repaired; then I went to his lodging at Mr. Denton's, by his directions, and he lay in my room: he came home on the sabbath-day, before I missed my goods, and dined with his family; and told me every thing was safe; and on the Tuesday after I went there, and Mr. Crook's servant set a ladder and got over, and opened the great door; I went in, and found the padlock that fastened the door lying in the window, and the key in it; my door was open; I had trusted that key with Mr. Crook; the other keys of my drawers and places I had in my pocket, all but two; I let him have a key of one drawer, as he said he wanted that drawer to lay some papers in: I found my drawers open; one of my locks was entirely off; my book-case was wide open; the drawers were forced open; there lay two chissels, one was broke, and the other not: all the things were taken out of the drawers. I went into the other room; there I found my locks broke, and all the goods mentioned in the indictment were gone, (mentioning them by name): then I went and got Mrs. Brabiner to go with me again to see the rooms.

Q. When was this?

M. Adderley. This was in 1762, I can't tell exactly the month; it was about November. I advertised directly, and Mr. Wild, a pawnbroker in Aldersgate-street, where some of my goods were pledged, sent to me; and I took a constable, and went and saw them: the constable took an account of every thing: there was pewter, brass, linen, a gown, and a petticoat, part of the goods mentioned in the indictment: I found no more of the goods than what I found there.

Cross Examination.

Q. How long had you been acquainted with Mr. Crook?

M. Adderley. I had been acquainted with him about half a year before my goods were there.

Q. Was you arrested at the suit of one Bigget?

Adderley. I was.

Q. Who lent you the money to pay?

Adderley. There was no money paid at all.

Q. Who was your bail?

Adderley. Francis Crook was.

Q. Did you ever give Francis Crook liberty to pledge any of your goods?

Adderley. He had a gold watch of me, and he was to deliver it to me in three days, but he never did deliver it me again; he never had liberty of me to pawn any of those goods.

Q. Did you never give him the keys to go and pledge them?

Adderley. No.

Q. Did you never give him a letter of attorney?

Adderley. I did, but not to rob me; I gave him a letter of attorney, to receive money for Samuel Adderley , (that was not my husband); it was to receive money in partnership, in the way of trade.

Q. What money was coming to you?

Adderley. Mr. Adderley told me there was coming to me 900 l. as near as I can remember and I trusted him with this letter of attorney to receive it.

Q. Look at this letter of attorney.

Adderley. (She takes it in her hand) This name of mine is my own hand writing; I gave it so as to receive it myself: I was against making a letter of attorney; I did not understand the nature of it; Crook is now indebted to me.

Q. Was that letter of attorney read over to you?

Adderley. I am sure it was not at that time.

Q. Do you remember being before Justice Girdler?

Adderley. I do; that was within a week or a fortnight after I was robbed; he sent Crook to Clerkenwell prison; then I went the next day to Sir John Fielding 's, and was examined by Sir John.

Q. Did you tell him the same you have here?

Adderley. I did; and Mr. Girdler too: I told the truth, and I told no more.

Q. Did you not say at Sir John's, you gave Mr. Crook liberty to pawn the goods?

Adderley. No, I did not.

Q. Had you not part of the money that was raised upon these goods?

Adderley. I never in my life had part of the money.

Q. Did you, at Sir John Fielding 's or at any other time, tell any body you had part of the money they were pawned for?

Adderley. No, I never did.

Q. Did you not tell Mr. Mason so?

Adderley. I never told Mr. Mason so.

Q. Was not Mr. Crook discharged at Mr. Fielding's?

Adderley. He had a great many friends, and I had none; they told me he was discharged, and I was to appear at some of the halls; I did not understand that.

Q. Was you at Mr. Fielding's when Mr. Crook was there, on a second accusation?

Adderley. I was.

Q. What was done there?

Adderley. I gave upon oath, that my goods were gone, and I understood by the justices, that I should never have my goods again.

Q. Did the justices tell you they did not think it a felony, and discharged him?

Adderley. They discharged him, but I cannot give any account why. Whenever I came to Mr. Crook, he talked to me in a good-natured way, and said, I should have my goods again; and at last, he called me old b - h, and said, I should have none of them: if I would have them, I might fetch them myself, for he would not.

Q. When was you with Mr. Gascoyne?

Adderley. I was with him the 30th of June last.

Bamber Gascoyne, Esq; On the 30th of June last, Mrs. Martha Adderley came down to Essex, to my house, and there laid an information against Francis Crook , who was then a resident and house-keeper, in the town where I live; she told her story much as she has told it now; she mentioned several things that were lost, and that she had found some things at Mr. Wild's, and that they were pawned by Francis Crook there. She said, that Mr. Wild and his servant had sworn they were pawned by him; and she had taken two warrants out against him: one she executed, and the other she could not; and that she never had any of her goods back again. Among other things she said, the keys of those drawers that were broke open, she had in her pocket, but the key of her lodging-room door was with Crook. I granted a warrant to apprehend him, but he could not be taken. On the Sunday, she came to me again, and begged I would grant a search-warrant to search his house; I granted her one, as she said she had some grounds to think some of her goods were in his house: the house was searched, but there were no goods of her's, or very little of any goods found in his house. On the Friday, when I was in London, at my lodgings, I had word brought me, Francis Crook was there; I found it was the prisoner charged with felony. I said, I did not chuse to see such a person at my lodgings, I not being a justice of peace for the county of Middlesex. On the Saturday was sennight following, Francis Crook came to my house, in Essex, and surrendered; then I read over the information to him; he said, he had surrendered before, to the justices in Middlesex, Sir John Fielding , and others, and he had been discharged there; but as neither a copy of the information made before me, had been sent for, I thought it my duty not to credit such a thing as that, but to proceed upon the information laid by Martha Adderley : he said the goods were taken, but put it upon a civil suit, a breach of trust; he admitted the taking the goods: I said, what do you say to the drawers that were locked by the woman, in which these goods were, and that you had not the keys trusted with you: he said, if I would not commit him that night, he would bring down evidence to shew, that Martha Adderley trusted him with them keys: also he offered me some bail, which I would not take: I said, as it was an affair of two years standing, I would permit him to stay in custody of the constable, till he should send to his friends, or bail. He said he would bring Martha Adderley in the morning, that would own she delivered the keys to him, and other friends. On the Sunday morning. Mr. Denton and Martha Adderley came to me, and by what Francis Crook had said, I thought she would retract from what she had said before; but upon calling her in, she stood to her information, word for word, as before. The prisoner produced me a note, which was to shew, that Martha Adderley had received satisfaction for the goods, to shew that would bring it to a civil suit. It was in these words, or to this purport:

"April 1, 1763, I do

"hereby acknowledge, that I have this day received

"of Mr. Thomas Adney , as security, for

"repaying me what the goods and effects of mine

"that Mr. Francis Crook has pawned, may amount

"unto, together with interest for the same;

"which, when paid, will be satisfaction of such

"my claim upon the said Francis Crook ,

" Martha Adderley ."

Mr. Denton produced me this discharge: he produced me this paper, which she acknowledged to be her hand-writing: I asked her if she knew what this was? she said, no: she thought it was a security for the goods: it is dated June 9, and the information was not till July 30: she said, it was wrote at the justice of peace's, and she never intended he should be discharged from my warrant: Mr. Denton produced it, and the woman said she did not know the contents of it. (He reads it.)

"June 9, 1764. Honoured Sir, I do hereby,

"desire your worship will be kind enough to

"discharge the warrant against Mr. Francis

"Crook, I having had him before Sir John

"Fielding, and Thomas Kynaston , Esq; to answer

"to my complaint, and was discharged the

"same, as on the 17th of June, 1763, I having

"a security under Mr. Thomas Adney 's hand,

"for my goods, pawned by the said Francis

"Crook, as witness my hand, this 12th day of

"July, 1764.

" Martha Adderley ."

There had been great pains taken before, that my warrant should be discharged; every step had been taken that it should not be before me: she produced a paper, dated April 1, 1763; the contents were,

"I do hereby undertake to pay to Mrs.

"Adderley, whatever sum or sums, the several

"goods of her's that are pawned by Mr. Francis

"Crook, together with interest for the same,

"shall amount to, as soon as the East-India annuities

"belonging to the said Francis shall be transferred

"to me.

" Thomas Adney ."

Upon the prisoner owning the fact, and upon seeing those kind of securities, I asked the woman about it; she said, they had stopped her, as she had been to prefer a bill of indictment two or three times; and that she had been there, but the grand jury was discharged. She was in hopes to have got her goods again, which were all she had in the world: but she found she was bubbled in every light; and hearing he was come down there, she came down after him. I then asked her over again, and she swor e directly as she has now. I finding they were for putting it as a matter of a breach of trust, I thought the whole of it was matter proper for the enquiry of the country; and as Mr. Denton brought sufficient bail, I admitted him to bail: the woman was always uniform and constant in her story.

Thomas Brabiner . Mrs. Adderley came to me, about the middle of Nov. 1762, and said she had been robbed; her goods were all gone from the Crown Tavern; she cried, and said she had no body to take her part. I went with her to her rooms; the door was open, the lock lay in the window, and the key in it: there lay a chisel that seemed to fit the places, where the drawers were forced open; after that, she desired I would go with her to the pawnbroker's; we found some of her things pawned in Aldersgate-street, things that she mentioned to have lost, such as aprons, shifts, sheets, &c.

Sarah Brabiner . Mrs. Adderley came to me the morning she lost her things, and cry'd, and said she had lost a great many things, and begged I would go with her to the apartment. I went with her; the place looked in a great deal of confusion; the padlock lay in the window, and the drawers were open; and at going to every drawer, she repeated the loss of several things.

John Caterer . The first time I saw Mrs. Adderly, she was brought by Mrs. Brabiner to my house; I then kept a coffee-house by Cripplegate, but now I live at the Crown Tavern: she complained she had had her goods taken from her; and her locks and drawers broke open: she said, she would go and lie where the goods had been, but I persuaded her not; she took a lodging with me, and brought the rest of her goods, such as a clock, book-case, and drawers, to my house.

William Wilmat . I live at Mr. Wild's, a pawnbroker, in Aldersgate-street. I applied to Mrs. Adderley to let her know, upon her advertising, that part of her goods were at our house; those things were pledged by Francis Crook , the prisoner, between the 6th of September, and the 9th of October, 1762. (Produced in court). Here is a list of them; (He reads it.) A diamond ring, two table-cloths, two aprons, twenty napkins, a jack, a quilt, a gown, two shifts, a spoon, two sheets, two curtains, a petticoat, a valence, a pair of breeches, eighteen plates, a water plate, seven dishes, a pair of candle-sticks, a brass mortar, two brass arms, a tobacco-box, a seal, two books, and two remnants of silk; they came in sixteen parcels, and were pledged for 6 l. 13 s. in the whole.

Adderley. These goods are all my property, and were taken out of the rooms; the diamond ring, quilt, gown, shifts, napkins, tablecloths, petticoat, counterpane, and spoon, were the same, and were all under lock and key, and I had the key in my pocket.

Q. Did you use to lie in the lodgings?

Adderley. Yes, but very little; I did not look into my drawers every time I came there.

John Holmes . On the 28th of February, 1763, I was constable; Mrs. Adderley brought me a warrant granted by Sir Charles Asgill to search the house of Mr. Wild; I did not execute the warrant that afternoon, but I went the next day, being the first of March, and informed Mr. Wild I had a search-warrant against him; he told me Mrs. Adderley had been there several times about her things, and complained she had been greatly distressed; he had given her a gown and petticoat out: I took his word to bring every thing down that Francis Crook had pledged there. Every parcel, as they were opened, she owned to be her property, and I took an inventory of them. Mr. Wild, Mr. Wilmot, she and I, all went to the sitting alderman together, which was Sir Robert Kite : Sir Robert and I saw very plain that the woman was a very ignorant woman; she thought if she took up Francis Crook, she had no more to do, but to have her goods: the alderman told her she must take him up, and bring him to justice, and then, very probably, she might have her goods again.

Thomas Morton . The time Mrs. Adderley came to the house, the door was locked up, so that we could not get into the tavern; she asked my master or mistress for a ladder to get up to open the door: my fellow-servant and I got a ladder, and got over the leads, and let her in, to go to her own rooms.

Prisoner's Defence.

I never denied taking the things in my life: she gave me the keys, and it was with her consent all that I did take; but half the things in the indictment I never saw: she had part of the money; I gave her a proper security, and kept and supported her for some time.

For the Prisoner.

Mr. Mason. I have known Mrs. Adderley two years. I remember preparing a letter of attorney from her to Mr. Crook, for him to receive money for her; I am a subscribing witness to it, together with Mr. Winbolt; it was read over and explained to her word by word. She, Mr. Winbolt, and Mr. Crook, came to my chambers on that account: she came to my chambers a second time; I had it read over very distinctly to her; it was duly executed, and she signed her name to it. I am well persuaded she understood every word contained in it; I read it over very distinctly in March 1763. Some time after she lost her things, she came to my chambers, and said she would have her papers containing the accounts with Mr. Cotrell; I said, you have my three guineas, pay me my money, I don't want to be concerned with such people as you: said she, Mr. Crook shall pay you, and takes and sweeps all the papers into her apron, and would take them away; she said she would have them; I said, you shall not have the letter of attorney, and insisted she should not have that, and that she let me have again, and I would particularly exempt that in the receipt which she proposed to give me. At this time, she told me she had lost a great variety of things; he had much more than the value of the three guineas; I think she said, he had pawned the things, and she had part of the money, either then or at another time. A person had arrested her, and thrown her into the Poultry-Compter: Mr. Crook came and told me of it, and I believe he got bail for her, and she was discharged; this was in 1762, about June or July: she admitted to me that he had paid money for her, to obtain her discharge. She came to me on the 18th of March, 1763, and I think that was the time she admitted he had part of the money: she declared to me at the time she had her papers away, that she never had heard this letter of attorney read over.

Q. What do you think of her capacity, as to her knowledge of the letter of attorney?

Mason. I read it over so distinctly, because I thought she might not be so well aware of it; but all things considered, I apprehend she knew what she was about very well.

Mr. Denton. There was one Brown left 650 l. in East-India annuities to Mr. Crook, and there being some contest in the commons about it, he was perplexed, and by that means his pocket was drained of every thing, and I lent him money: after that, he gave a bond to Mr. Adney, and Mr. Adney lent him money to carry on the cause: this was on the 17th of December, 1762. I saw those annuities in the book, in the East-India house, and I was informed of Mr. Crook being taken up by Mr. Girdler: I desired he might be examined again, and Mr. Girdler thought proper to have another magistrate in the affair, which was Sir John Fielding . The next day, when she and Mary Nicholson were there, she acknowledged she had given him the key, and had given him leave to pawn things, and she received part of the money: this she acknowledged to me several times.

Q. What key did you understand that to be?

Denton. I understood it to be the key of her drawers.

Q. What were the words she made use of?

Denton. I cannot be particular as to the words; I apprehend she meant these goods she complained of.

Mrs. Adderley. I let him pawn some spoons once for 6 s. when I wanted money; but I did not give him leave to break open my drawers, or to pawn any of these things.

Denton. Mr. Crook has behaved exceeding well, and surrendered voluntarily at Mr. Fieldings; if I had not thought him an honest man, I would not have become one of his bail.

Mr. Cotrell. I know Martha Adderley ; I look upon her to be a vile peevish old woman.

Adderley. You know I never could get you to settle your account with me.

Mr. Thorowgood. About two years ago, Mrs. Adderley came to me, and we agreed to go to a public-house. Said she, I could be glad to have my goods again that Mr. Crook has pawned: I gave him the key to open the drawers, where he took out some things, and pawned them: there was a gold watch, a gold ring, and a pair of sheets: she did agree to have done with it, if Mr. Crook would let her have her things again, but it was out of his power to fetch them.

Mr. Brooks. I saw Mrs. Adderley about this time twelve months, in Moor-fields, just after Mr. Crook was taken before Sir John Fielding ; (I was clerk to Mr. Denton): I asked her concerning it, and she said, it was entirely owing to other people's persuasions that she prosecuted.

Mr. Mason (again). I have known Mr. Crook two years; I believe he bears a very good character; I never heard to the contrary.

Mr. Hancock, that had known him six years, Mr. Hodson about three years. Henry Warpool about a year and a half, and Mr. Midwinter about twenty years, gave him the character of an honest man.

Guilty . T .

452. (L.) James Smith was indicted for stealing four pair of gold ear-rings and two gold rings, all to the amount of 14 s. the property of George Fothergale .

The prosecutor did not appear.

Acquitted .

The recognizances ordered to be estreated.

453. (M.) Archibald Nelson was indicted for taking upon him the name and character of John Wallis , a seaman , on board his Majesty's ship the Guadaloupe, with intent to receive prize money, due to the said John , June 13 . ||

William Maude . I am an agent in receiving prize money, together with my brother Thomas; we were appointed agents to the Guadaloupe: John Wallis was rated on the ship's books, boatswain: on the prize-list there was due to him 4 l. 9 s. there was 1 l. 18 s. 5 d. on the Lamaske, and 1 l. 11 s. 3 d. on the Likea: the prisoner came in the name of John Wallis , and produced a certificate that that was his name, signed by William Howell : I told him I could not pay him upon the strength of that certificate, because Mr. Howell was not the master at that time. I told him to go to Captain Price, who commanded the Guadaloupe; he came back again, and told me the captain was out of town: I asked him then, if he had received the wages for her? he said, yes. I desired him to go to the Pay-office, and get a certificate from the pay-clerk; I was not at home when he returned. On the 13th of June, I paid him 4 l. 9 s. and he signed the name John Wallis to it; I did not see him write it, but Thomas Maud did.

Thomas Maude , Jun. I am clerk to Thomas and William Maude : the prisoner came for prize-money due on board the Guadaloupe, in the name of John Wallis ; there was some difficulty about his being the right person: he came several times; he complained of coming so often about it; I told him, if he knew one Duncomb, in Wapping, I would give him a note to that person to pay him the money due; (he is a man that we have known): I gave him a note, signifying there was so much due, and if he would pay him, we would give it him again, upon his signifying he was the man: he came again on the Monday following, and said Duncomb was not at home: (He produced a book:) I did not see the money paid the prisoner, but I saw him write the name John Wallis ; here it is, in the nature of a receipt: as they receive their money, they all set their names so in this book.

Prisoner's Defence.

The first time I came without a certificate, in order to get my own wages; and the last time I came, he charged me with taking John Wallis 's money, because I was there so often before: I was a seaman on board the same ship.

Thomas Maude . His name is not on this book; he belonged to her before these prizes were taken.

Prisoner. I belonged to the ship about nineteen months, and then I ran away from her.

Guilty . Death .

There was another indictment against him, for personating Francis Peters , a mariner, on board the said ship, with the like intent.

454. (M.) Thomas Muckle was indicted for feloniously forging the name of William Edwards , to a promissary note, for the payment of 10 l. to himself and Abraham Wood ; and for publishing the same, well knowing it was falsly made , July 18 . ++

William Edwards . On the 18th of this instant, there was an advertisement in the paper, that if a person could advance 40 l. he might get a hundred a year by it; I went to the public house, in Long-acre, according to it, and was introduced into a room, to the prisoner and one Wood: they told me, the thing would bring in an hundred a year, as they advertised: I said, I had a friend that could advance the money; upon which, the prisoner drew up a writing, and desired me to set my name to it, at the bottom of the paper; I put my name to it, and they told me, if my friend did not approve of it, I might have it again: then they went with me, from the Golden-head, to Holborn, and my friend was not at home: they went back again; on the Saturday following, they brought a man that I never saw in my life; I met them at the end of Warwick-court, Holborn: said they, Don't you know this man? I said, no: said they, we have a note of 10 l. against you, and if you do not pay it, he has power to arrest you, and shewed me the note. I said, I did not owe any body 10 s. and that I never signed a note; I begged they would go into some public-house; we went into the Griffin: Muckle gave me the note to look at; I saw my name, and said, let my friend look at it; they said he should not, and were for pulling me out of the house, when the landlord, his servant, and others, came to my assistance; I delivered the note to a gentleman, and as he was reading it, the prisoner snatched it out of his hand, and tore it in two pieces: I laid hold of the prisoner, and the other two got off as fast as they could. I got the prisoner into a coach, and carried him before Sir John Fielding .

John Mountstevens . I happened accidentally to be there when this outcry was; the prosecutor called out Thieves and Robbers, and desired help: I was shewed a note; the prosecutor said they demanded 10 l. for that note. He said, he had been with them in Long-acre, according to an advertisement, and signed something of a memorandum or agreement, but no promissory note, nor never undertook to pay the least sum whatever. (The note produced, and read to this purport:

"I promise to pay to Abraham Wood and

" Thomas Muckle , Ten Pounds, upon demand,

"for value received, this 18th day of July, 1764.

" William Edwards .")

The prisoner snatched the note out of my hand, and said I had no business with it, and immediately tore it, and put it into his pocket, which made me suspect there was something bad, and the other two made off as soon as he was laid hold of. I thought proper he should give an account of himself, and we carried him to Sir John Fielding 's: previous to our going to Sir John, I persuaded the prisoner to let me have part of this note; I got the better half, and at Sir John's we got the other part; but upon putting them together, it was still defective: we searched his pocket by order of Sir John, for the supposed agreement which the prosecutor had mentioned, I found the remaining part, and made it compleat: I stuck them together, on a blank paper, and the prisoner confessed the body of this note to be his own hand writing, and the name, Thomas Muckle , indorsed to it, to be his hand writing; but withal, said, that at the time this note was signed, Edwards knew the contents of it. Upon searching his pocket, we found a similar paper, intended for another person (Producing it).

Thomas Keys . I keep the public-house in Long-acre, where this thing was done. When I carried them up some brandy and water, the prisoner was writing on a sheet of paper: I looked upon it to be an agreement between them in partnership; he read it, and handed it to Edwards, and he wrote his name under it; I cannot recollect a word of it, After that, the prisoner delivered it to me to lay by; I did, and in the evening he asked for it, and I delivered it to him.

The prisoner said nothing in his defence.

Acquitted .

455, 456. (M.) Patrick Trinder and Christopher Pendygrasse were indicted for stealing fourteen deal boards, value 6 s. the property of John Ware , July 4 . ++

Both Acquitted .

457. (M.) George Harrison was indicted for stealing a bead-plane; value 10 d. the property of John Hall ; one oil-stone, value 2 s. and two planes, the property of Andrew - , and one bead-plane , the property of John Carmichel , July 3 . ++

Guilty . T .

458. (M.) Anne Edwards was indicted for stealing a silver spoon, value 10 s. the property of John Curtis , July 20 . ++

The prisoner was in the kitchen, doing business for the prosecutor; after which a silver spoon was missing; one half of it was sold to Mr. Collard, a silver-smith, for 6 s. 3 d. by the prisoner at the bar. (Produced and deposed to by the prosecutor's wife).

Guilty . T .

459, 460. (M.) William Moody and Richard Dunn were indicted for stealing a watch, made of yellow metal, value 40 s. the property of a person unknown, May 30 . ++

- Magennis. We had a search warrant under the hand of Mr. Welch, to apprehend all vagrants. About twelve or one o'clock at night, we met a man in Church-lane, with a soldier's hat and coat *; the next morning, when we brought what prisoners we had got, to Mr. Welch's office; we found the two prisoners had been in company with Etridge and one Husk: Mr. Welch examined Etridge, who told us where to find the prisoners: I was ordered, with others, to go and see for them. About six in the evening, I met with Husk and Dunn together; I said, there is a young led in the round-house, pray take a walk and see him; I got them there, and ordered the keeper to secure them: then Husk, when before Mr. Welch, said they were in company together, and they robbed a gentleman of a yellow watch: Moody could not be found, but was taken at last in Tottenham-court-road: Husk told me I should find the watch in a cellar, in Monmouth-street; Mr. Welch sent me there, and the woman brought it to the justices.

* See trial of Etridge, No. 445.

Christopher Husk . I and Dunn were going down the Haymarket, between eleven and twelve, on a Sunday night; we met with Moody; he came along with us down Jermyn-street; we overtook a gentleman in the Strand; he asked us the way to Berkley-square; I laid hold on one of his arms, and Dunn on the other, and Moody took his watch and ran away with it; and we followed him: then we went about the Strand till Monday morning nine o'clock; then Moody went into a cellar in Monmouth-street to sell it; he left it there in pawn for 12 s. we shared the money, 4 s. each. Moody was a school-fellow of mine; and I got acquainted with Dunn by seeing him at play in St. Giles's, when I came from school: I am seventeen years old

Lucy Variot . I sell old cloaths in a cellar in Monmouth-street: a customer that was in my shop lent Moody 12 s. upon it; he came with it between nine and ten o'clock in the morning, and offered to sell it me: It was a yellow watch: I don't know who that person was; he left word where he was to be found, in Earl-street, near the Seven Dials. When the evidence came for it, I sent my child, about eleven years old, for it; he gave it her, and I delivered it.

Moody's Defence.

Dunn, Husk, and I, came through the park; we came up James-street, and into Jermyn-street; we crossed the way to see what was the matter; there was a mob; I saw something; I stooped, and found it was a watch; I took it up; said Husk, let's look at it; I gave it him in his hand; we were so late we were forced to be out all night: the next morning I came down Monmouth-street; by a cellar window I asked the woman if she would buy it; she said, she had no money: a friend of hers was by; he lent me 12 s. upon it.

Dunn's Defence.

I came along with Moody, and saw him pick up this watch.

Both Guilty , T .

461. (M.) John Barden was indicted for stealing six guineas , the money of James Carnon , June 10 . ++

James Carnon . I had six guineas in my pocket going to bed, seven weeks ago to day, in a purse, about the hour of one, at the house of Mr. Lacy, in St. Giles's in the Fields : I lay in a bed with an old gentleman that I always lie with; the prisoner lay in another bed in the same room; I missed my money about half an hour after five in the morning.

Q. Did you go to bed sober?

Carnon. No, I did not. The prisoner was up and gone. Mr. Lacy and the constable can give a farther account.

Thomas Willson . On the 10th of June I was sent for to Mr. Lacy's: he said, he had found a purse, half a guinea, and 4 s. upon the prisoner, which he supposed to be the prosecutor's; I took him to the round house; after he was there, the round-house keeper told me, he had given him a guinea to change; there I searched him, and found another guinea upon him.

Michael Lacy . I apprehended the prisoner; I asked him, if he had got the prosecutor's money; he said, he found the purse on the floor, as he was getting up to go to work, and that he had but half a guinea left: I asked him, what he had done with the rest; he said, he got drunk, and lost it out of his pocket: I found the purse and half a guinea upon him. (The purse produced, and deposed to by the prosecutor.)

John King . I keep the round house. The prisoner was brought to me; he wanted to send a messenger of an errand; I said, how can you send a messenger, when you have no money to pay him; he said, they have searched me, but have not found all; and pulled out a guinea, and delivered it to me; he sent for his coat, hat, and wig; he had a new shirt, new shoes, and a new scarlet waistcoat; I said, how came you by these; he said, I got up at four o'clock, and found the purse on the floor; and he changed the first guinea in Cold Bath Fields: then I sent for the constable, and he found another purse with another guinea in it.

Prisoner's Defence.

I have nothing to say: I found the purse under the threshold of the door.

Guilty , T .

462. (L.) William Pilmer was indicted for stealing a man's hat, value 5 s. the property of John Flude , June 29 . ++

John Flude . On the 29th of June, the prisoner came to pledge two hats with me: I live at the bottom of Wood-street, near Cripplegate. I examined the hats, and said I did not like them; he took them from the counter. Some few minutes after, a woman on the opposite side the street came and told me a man had stole a hat that was near my door, and ran up Wood-street; I ran up to him and laid hold of him, and desired him to walk back: as I was coming back, a woman told me she saw him put a hat down a cellar window; which we found in the cellar; it was my property, and was in my shop before he came in.

Sarah Letts . I saw the prisoner take a hat from the prosecutor's door, from off a nail, and go away with it; he had two others in his hand at the time; I went and told the prosecutor of it.

Henry Gilman . I was with the prosecutor when he took the prisoner; I saw him drop one hat down the cellar window, which the prosecutor owned.

Prisoner's Defence.

Mr. Flude did not approve of taking in these hats: as to taking any other, I know nothing about it.

Guilty , T .

463. (L.) James Smith was indicted for stealing a gold ring, value 12 s. the property of John Flude , privately in the shop of the said John , July 10 . ++

John Flude . On Tuesday the 10th of July, between four and six in the afternoon, I was standing at my shop door: the prisoner came and put his hand upon my arm, and said, step to the window; I went; he asked me what a ring hanging there would come to; I said, about 14 or 16 s. he desired me to weigh it for him; I did, and told him it came to 16 s. he pulled out half a crown, 1 s. and 6 d. and laid the ring on the counter; he told me he had lost half a guinea out of his pocket; he said, Sir, it is all the same, I'll leave you a shilling and the ring: he gave me a piece of paper with a counterfeit ring and a shilling; I had seen him take up my ring and put it into his pocket. When he was gone, I opened the paper to look at my ring, and found I was deceived; I ran out, and happened to take the right way: I ran up Hart-street, and at the upper end I saw him; when I had been twenty or thirty yards in Monkwell-street, he run as hard as he could, and turned into Silver-street; I pursued him into the Castle and Faulcon yard: he stopped running, and was opening the paper to look at the ring: I got up to him, and laid hold of him, and said, my friend, you shall not drop the ring: I took hold of his hand, and led him to the first public house I came to, and desired Mr. Hayns, who was there, to open the prisoner's hand; he did, and there I took out my ring: bringing him back in Monkwell-street, he desired I would not take hold of his coat to expose him, saying, he had a great family; I let go his coat: when we came to the corner of Hart-street, he endeavoured to escape, and ran as hard as he could; and we took him again in Wood-street. (The ring produced and deposed to, and the shilling also which he left.)

Thomas Hayns . Mr. Flude had hold of the man, and brought him to me, and said, young man, look if this man has not something in his hand: I opened his hand, and there was a gold ring in it.

Prisoner's Defence.

I went into that shop to ask him to come out and look at a ring that was in the window; he did, and said it would come to about 16 s. I had a brass ring and a shilling; I happened to lay it down on the counter, and took up the other by mistake, and said I would come in half an hour; having left half a guinea on the table at home: that ring was given me by Sarah Laneton , to buy a ring by.

For the Prisoner.

Sarah Laneton . I gave the prisoner half a guinea to buy a ring, and ordered him to buy one a little bigger than that brass one.

Q. Is the prisoner any relation of yours?

Laneton. No, he is not; only he has married my daughter: the ring was designed for me.

William Wright . I have known him twelve months; he was always a hard working man, for whatever I heard.

Guilty of stealing, but not privately in the shop . T .

464. (L.) John Webb was indicted for stealing a canvas bag, value 1 d. thirty-one guineas, thirty-two half guineas, and two shillings in money numbered , the property of Thomas Smith , John Wright , and Henry Gray : it was laid also for stealing the said bag and money, the property of persons unknown, July 16 . ++

Thomas Bradford . Last Friday sevennight I was going up White-Lion-alley ; I saw the prisoner and Elias Ware , clerk to Smith, Wright and Gray, struggling together. Ware had hold of the prisoner, and the prisoner was striving to get away; Ware called to me, and begged, for Christ's sake, I would stop that man, for he had robbed him of near 50 l. upon which I ran up and seized him by the collar, and the moment I laid hold on him he flung something from him, down into a cellar opposite to him. I told Ware, whatever he had lost, the man had flung down into that cellar; we took him into the shop, and the man of the house and Mr. Ware went down into the cellar, while I took care of him; they came up, and said they could find nothing: they went down again with a candle, and brought the bag up, and when they had told the money over, there wanted a guinea, upon which Ware went down and brought up two half guineas. The bag was not tied but twisted round at the neck. We took him before my Lord-Mayor, and he was committed. Mr. Ware and his masters are Quakers, and he will not swear.

Edward Williams, the master of the cellar, confirmed the account of finding the bag and money.

Guilty . T .

465. 466. (L.) Thomas Danelly and Griffith Olover were indicted for stealing three wrappers, value 5 s. and twenty-eight yards of cotton cloth, value 40 s. the property of Richard Harris and William Prescott , June 21 . ++

Both Acquitted .

467. (L.) Richard Harman was indicted (together with Eleanor Holmes, not yet in custody) for stealing a woollen blanket, a yard of bays, a pewter plate, a cotton gown, two aprons, a petticoat, and an ell of muslin, the property of William Shallcross , laid in the whole to the value of 40 s. in the dwelling-house of the said William , December 11 . ++

Mary Shallcross . I am wife to the prosecutor; the prisoner came with a young woman, whom he called his wife, to lodge at my house; they were in the room about five weeks. On a Friday night, after I was in bed, and my light out, he came down, and went out in great haste. I lie in a lower room. She came down, but not till after he was out, and said they had had a pig's foot for supper, and he was gone for another; the next morning, before it was light, they both went out: she said she should be at home by one o'clock. They never returned: on the Monday I miss'd my things, mentioned in the indictment; part of them were let with the lodging-room to him; my wearing-apparel were taken out of the garret: she was so officious she would make the garret bed for me, before she went away; I suppose she took them.

As the goods in the lodging-room were not laid in the indictment, according to the statute in that case, he was Acquitted .

468. (L) Joseph otherwise George Taylor was indicted for stealing three pieces of leather, cut for soles of shoes, value 3 s. the property of Henry Sterry , William Newman , Benjamin Horn and John Squire , June 30 . ++

William Newman . I am in partnership with Henry Sterry , Benjamin Horn , and John Squire we are curriers and leather-cutters . Joseph Parker The prisoner came into told told me he saw him putting something under his coat: I went and turned up the flap of his coat, and in a large pocket were these three pieces of soles for shoes, (produced and deposed to): the prisoner said he did it through poverty.

Joseph Parker confirmed the above account.

Prisoner's Defence.

I leave it to the mercy of the court; I am a very poor man.

Guilty . W .

469. 470. (L.) Joseph Packer , and Margaret his wife , were indicted for stealing a pair of leather boots, four pair of leather shoes, and a pair of women's leather pumps , the property of James Palmer .

The prosecutor did not appear.

Both Acquitted .

The recognizance ordered to be estreated.

471. (M.) Margaret, wife of David Stewart , otherwise Smith , was indicted for stealing two woollen blankets, two sheets, a pewter plate, and a flat iron, in her ready-furnished lodging, the property of David Moody , let by contract by the said David, to be used by the said Margaret , September 2 . ++

It appearing, by the prosecutor's evidence, that he let the lodging room to John Steward , and not the prisoner, she was Acquitted .

472. (M.) James Cumerford , and Catharine his wife , were indicted for stealing five linnen sheets, value 5 s. and one blanket, value 1 s. the property of Edward Branin , (the same being in a certain lodging-room let by contract , &c.) June 25 . ++

James, Guilty . T .

Catharine, Acquitted .

473. (M.) Sarah Accurst was indicted for stealing a silk gown, a pair of stays, two pewter-plates, and a flat iron , the property of Sampson Noy .

The prosecutor deposed the prisoner was his servant ; the things were missing; he discovered she had pawned them to two pawnbrokers.

The prisoner, in her defence, said she pledg'd them by order of her mistress, to get spirituous liquors for her, and that she had lent her money for that purpose.

The mistress being asked as to the truth of that, admits she had borrowed money of the prisoner to get liquor, which her husband had returned to the prisoner upon hearing of it.

Acquitted .

474. (M.) William Manning was indicted for stealing thirty-one shillings and four-pence in money, numbered, the money of Richard Partridge , privately from his person , March 6 . ++

Richard Partridge . Early one morning I got up to work; I bid the boy get up; he came down in a few minutes after me; he went to fetch some pots in, and never came back again. I went up stairs, and saw my breeches were moved; he was a fellow-servant of mine: I live with Mr. Freestone, at the Bunch-of-Grapes, in the Spaw Fields. I had one pound sixteen shillings and a groat in my breeches, but that was gone; I saw it at going to bed; he was taken the Friday following, and carried before Justice Cowley; there he owned he had taken my money, to buy cloaths: when he was brought to my master's, he said he had taken twenty-two shillings, and that was all: he was committed to New-Prison. I did not get a farthing of my money again; he said he had laid it all out.

Prisoner's Defence.

I know nothing of the matter; he beat me one night, and I ran away in the morning; he told me he would beat me again.

Guilty . T .

John Adams and Henry Heirman , otherwise Wilson , capitally convicted last sessions, were executed on Wednesday, the 11th of July.

At an adjournment, on Saturday the 4th of August, the following convicts received his Majesty's most gracious pardon, on the conditions mentioned.

To be transported for seven years, viz.

Elizabeth Osborn , capitally convicted in January Sessions.

For fourteen years, viz.

Richard Jews , in January Sessions; William Smith , in May Sessions; and James Manning , in June Sessions.

During their natural lives, viz.

Michael Sampson , John Byland , and Richard Gray , in May Sessions; William Brown , William Billet , and Richard Bevas , in January Sessions; James Wharton , in February Sessions; and Jane Faulkner otherwise Hanks , in June Sessions.

The trials being ended, the court proceeded to give Judgment, as follows:

Received sentence of Death, Four.

Margaret Weston , Archibald Nelson , James Lacey , and Thomas Edwards .

Transported for fourteen years, Two.

Thomas Flaharty and John Pullein .

Transportation for seven years, Thirty-nine.

John Smith , Thomas Losby , Isaac Benjamin , John Beaden , Patrick Brewer , Susanna Pen , John West, Walter Gray, Francis Crook , William Pilmer , James Smith , John Webb , James Faulkner , Hugh M'Daniel, Matthew Jones , Arthur Kane , Edward Barry , Catharine White , John Taylor , Sarah Watkins , William Manning , Grace Allen , John Haselgrove , Samuel Curtis , William Wilkinson , Sarah Harris , Charles Smith , John Hilliard , Margaret Ilive , Thomas Preston , Thomas Etridge , John Morris , Judith Bourn , George Harrison , Ann Edwards , William Moody , Richard Dunn , John Barden , James Cumerford .

Branded, Four.

James Norton , George Loveland , Robert Powel , and Francis Caviac .

To be Whipped, Six.

Thomas Coff , Joseph, otherwise George Taylor, Lucy Hall, Grace Allen , James Ooler and Thomas Caffry .

John Adams and Henry Heirman , otherwise Wilson , capitally convicted last sessions, were executed on Wednesday, the 11th of July.

At an adjournment, on Saturday the 4th of August, the following convicts received his Majesty's most gracious pardon, on the conditions mentioned.

To be transported for seven years, viz.

Elizabeth Osborn , capitally convicted in January Sessions.

For fourteen years, viz.

Richard Jews , in January Sessions; William Smith , in May Sessions; and James Manning , in June Sessions.

During their natural lives, viz.

Michael Sampson , John Byland , and Richard Gray , in May Sessions; William Brown , William Billet , and Richard Bevas , in January Sessions; James Wharton , in February Sessions; and Jane Faulkner otherwise Hanks , in June Sessions.

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